Mandatory CPD bundle
Tuesday 28 February 2017
The College of Law City
|CPD||4 CPD units|
1.00pm - 2.00pm
Ethics and Professional Responsibility
Speaker: John McKenzie, Legal Services Commissioner (NSW)
In this session John McKenzie will discuss the current ethical issues facing legal practitioners.
2.00pm - 3.00pm
Practice Management and Business Skills: Personal practice and public risk management: Do’s and don’ts
Speaker: Dr Ulysses Chioatto, Director, Corporate Governance Program, University of Technology Sydney
Practitioners have been exposed to professional negligence claims and other challenges to their practice by not fully appreciating how to categorise the risks they face, even from the outset in setting up the client engagement and performing conflict checks, during the engagement with the risks of overreliance on counsel, and the management of the firm in terms of operational risks including a failure to consider the risk of fraud. In summary, this session will cover:
- categorising risk in practice
- setting up the client engagement – when are you “on risk”?
- conflict checks
- risks of reliance on counsel
- the link between professional negligence risk and business management, and
- reviewing and assessing key structural and operational risks within a practice
3.00pm - 3.15pm Afternoon tea
3.15pm - 4.15pm
Professional skills: Unravelling the mysteries of financial statements
Speaker: Chris Katehos, Director, Forensic Accounting, Furzer Crestani Forensic Chartered Accountants
In this session, Chris Katehos will explain the fundamentals of accounting.Participants will obtain an overview of basic accounting concepts and how to interpret Financial Statements.
Areas covered include:
- Unravelling the mysteries of:
- Financial Statements
- Revenue, Expenses, Assets, Liabilities and Equity
- Journals and Ledgers
- A Trial Balance
- Understanding a Profit and Loss Statement
- Understanding a Balance Sheet
- How Financial Statements may be manipulated
- Issues to look out for – What are the warning signs?
4.15pm - 5.15pm
Substantive law: Interpretation and construction of contracts
Speaker: Johathan Stephens, Associate, Whittens & McKeough Lawyers and Consultants
This seminar is a refresher on some of the fundamentals of contract interpretation and construction. It will also outline some of the more difficult issues that have been considered by our courts in this area and provide some practical tips on how they might be avoided at the drafting stage. Although the focus will be on commercial agreements, many of the topics covered will be relevant to all kinds of deeds and agreements. The topics to be covered:
- ‘Interpretation’ or ‘construction’?
- Canons of interpretation
- When will terms be implied?
- ‘Ambiguity’, ongoing debate and the latest High Court authority
- Written contracts compared to contracts not in writing
- What evidence is admissible when construing a contract?
Legal Services Commissioner (NSW), Office of the Legal Services Commissioner, NSW Department of Justice
John McKenzie was appointed as Legal Services Commissioner on 12 March 2015 for a period of 4 years. The Office of the Legal Services Commissioner receives complaints about solicitors and barristers practising in New South Wales and strives to improve the ethical and professional behaviour of legal practitioners in providing services to consumers of legal services.
John is a lawyer by profession and he is a respected senior criminal lawyer with more than 36 years experience, particularly for Aboriginal people and has shown outstanding achievements in improving access to justice.
Prior to taking up the position of Legal Services Commissioner, he was the Chief Legal Officer of the Aboriginal Legal Service (NSW/ACT) for the last nine years.
John has held senior positions in Legal Aid NSW and has worked in a suburban, generalist law practice.
He was a principal solicitor at the Royal Commission into Aboriginal Deaths in Custody between 1987 and 1991 and in the years that followed he remained committed to ensuring its recommendations were implemented.
John continues to be a member of the Legal Information Access Centres Advisory Board (the State Library of NSW) and the Legal Aid NSW Board.
DR ULYSSES CHIOATTO
Director, Corporate Governance Program, University of Technology Sydney
My most recent role as Executive Director and Head of Research for Australia and New Zealand at Institutional Shareholder Services (ISS) is based on a significant depth of experience of the local equities market extending into south East Asia. I oversee 'thought leading' research and proxy recommendations for ASX 300 companies, engaging extensively with the companies' boards' pre and post AGM; this includes an expertise in addressing ESG risk under the Corporate Governance umbrella.
I have contributed to public policy on corporate governance working with ASIC, Treasury, ASX, CAMAC and Chartered Secretaires (now the Governance Institute). I respond frequently to media request on expert views on regulatory issues facing the Australian market in "The Australian Financial Review" and "Company Director" (AICD Journal) and others.
I have two law degrees and two business management degrees including a doctoral degree together with specialist knowledge and experience in regulation of investment and financial markets gained in over 16 years of high end consultancies to regulators and financial market participants who are listed on the major world markets including NYSE, TSX, (SWX, Nikkei, ASX, FSTE and Paris Stock Exchanges).
In my academic roles for various universities I am frequently involved in designing and developing the various units I have taught. I have also undertaken the course co-ordinator role for the majority of units taught which involved managing tutors as well as teaching those units. I have also designed and delivered hundreds of senior executive seminars in Hong Kong, Singapore, Malaysia, Thailand and Singapore.
Director, Furzer Crestani Forensic Chartered Accountants
Chris heads the forensic accounting division and has been engaged in a broad range of assignments dealing with Commercial Litigation, Valuations, Financial Investigations, Personal Injury, Professional Negligence and Industrial Relations.
Chris has extensive experience in briefings with solicitors and barristers and provision of expert witness testimony.
Chris has developed and presented many seminars covering a variety of topics to the legal profession.
Outside of work, Chris enjoys spending time with family and friends.
- Chartered Accountant (Member of Chartered Accountants Australia and New Zealand)
- Bachelor of Commerce majoring in Accounting at the University of New South Wales
- Graduate Diploma in Applied Finance (Business Valuation Specialisation) through KAPLAN
- Registered Tax Agent
Jonathan is a litigation and commercial lawyer with experience litigating in the Supreme Court of New South Wales, Federal Court of Australia, District Court and Local Court, Royal Commission and matters before the Takeovers Panel, as well as a number of commercial mediations. As a commercial lawyer, Jonathan has drafted a wide range of contracts in a variety of contexts including M&A, contracts with government agencies and not-for-profit organisations and complex commercial transaction agreements. As a litigation practitioner, Jonathan has been involved in the resolution of numerous commercial disputes, in which the construction of a contract is frequently a central issue.
Jonathan graduated with a Juris Doctor (Honours) from the University of New South Wales in 2012, receiving Dean’s list awards in Legal History and Statutory Interpretation.
In 2014, Jonathan served as the Associate to the Honourable Justice Jayne Jagot of the Federal Court of Australia.
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