The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.
It’s not possible to anticipate every risk involved in a transaction or venture. But there are ways for organisations to protect themselves against risks as they emerge.
This session will consider contractual risk from the perspective of commercial and litigation lawyers, including:
identifying contractual risks and opportunities
determining what level of risk is acceptable
dealing with non-performance
preserving contractual rights and deescalating disputes
the role of external counsel
preserving relationships and negotiating a successful commercial outcome
identifying when to escalate and initiate action
Mark and Kerry will consider these issues with reference to matters they have advised on across a broad range of industries.
Please join us for a special event featuring Anna Bagley, Non-Executive Director, Chair Finance, Audit and Risk Committee, ACC Australia, and Senior Executive Compliance, Medibank, together with Madgwicks Lawyers' Specialist Workplace Health and Safety Partner, Luisa, as they run through a detailed case study following a workplace incident.
Drawing on real-life experience based on an anonymised incident, they will first outline and discuss what constitutes effective conduct following an accident in the workplace:
the correct process of notification;
initial critical steps required to be taken; and
how these steps may determine the level of enquiries by the Regulator.
We hope you will join us at this event either in person over breakfast at the Madgwicks' offices or online.
2022 and the start of 2023 will be remembered for the momentous developments in climate and energy law and policy at both the Commonwealth and State level in Australia. Since the change in Federal Government in 2022, Australia has also re-engaged on the international stage on issues such as climate change and biodiversity, as well as introducing a raft of legislation and policies, that has recently culminated in the Safeguard Mechanism reform at the national level. State Governments are following suit and are implementing a range of changes aimed at transforming their energy, economic and climate trajectories. It is clear that immediate, effective and meaningful action is occurring across governments, industry and society, but that much also remains to be done.
The breadth of ambition means that all industries, including the legal industry, are working fast to stay up-to-date on the range of issues and to take advantage of the vast opportunities presented by the clean energy and decarbonisation transition.
This seminar will cover:
the key recent energy and climate regulatory and policy reform announced across Australian jurisdictions that is driving project development and investment;
potential new reforms on the horizon; and
practical considerations and challenges for in-house counsel and industry professionals in navigating the reforms to achieve meaningful project and investment outcomes.
Lawyers attending this webinar in full can claim 1.5 CPD point in Substantive Law.
From the Optus and Medibank data breaches of 2022 to more recent attacks on Latitude, the rate and severity with which Australian businesses experience cybersecurity incidents is on a notable rise. Increasingly sophisticated cybercriminals and increasingly voluminous payloads of personal information are creating a perfect storm for both the private and public sector.
In this CPD session, Melissa Fai and Simon Burns, Partners in the TECH + IP team, explore the current cyber-threat landscape, demystify the complex web of legal obligations, and equip you with actionable strategies to bolster the ability of your in-house team to meet-the-moment when it comes to cybersecurity.
Cyberattacks are sharply on the rise in Australia, with 15% more reported data breaches in 2022 being due to cyberattacks as against 2021.
Additionally, further reforms to the Australian Privacy Act are expected to be announced later this year following the reforms late last year which increased the penalties of mishandling personal information or failing to report notifiable data breach.
Law Squared, who have signed on as an official supporter of Privacy Awareness Week 2023, will take you through a guided privacy and data training session focusing on:
An overview of some of the anticipated changes to the Privacy Act.
The importance of privacy awareness within organisations.
Good data hygiene practices for staff to avoid mishandling personal information.
How to reduce the risk of a data breach in day-to-day operations.
How to handle data breaches.
Practical steps that can be implemented to ensure you remain safely ahead of the curve.
Listed companies are feeling more and more vulnerable to unsolicited takeover approaches given market dynamics and the greater willingness of financial sponsors to pursue ASX listed entities.
Boards will expect their company’s inhouse legal teams to do what they can to prepare the company for receipt of a control proposal.
This webinar, hosted by Gilbert + Tobin’s market leading M+A team in conjunction with ACC Australia, will help in house legal teams to consider, prepare for and understand how respond to both formal offers and unsolicited approaches in relation to takeovers and mergers.
This session will focus on:
developing a takeover response strategy;
being prepared for the critical first 48 hours;
being alive to continuous disclosure obligations; and
unpacking some of the key strategies and tactics that may be deployed if necessary.
Gilbert + Tobin are also hosting Be Empowered: Navigating the Key Elements of Public M+A on Tuesday 22 August 2023, which members might also be interested in attending. Click here for more details.
In-house counsel are often tasked with negotiating contracts with Federal or State governments or their agencies for the supply of goods or services or provision of works, or for the delivery (including construction and financing) and/or operation of public infrastructure including transport, schools and hospitals.
Contracting with government raises some unique legal issues and particular challenges which can trip up the unwary and give rise to risk of contract termination, invalidity or unenforceability. Governments themselves and their agencies also face policy issues and requirements which need to be addressed in contracts with the private sector.
Join Peter Doyle and Roy Groom from Gilbert + Tobin’s Energy + Infrastructure team for a live webinar on the tips and traps of government contracting. Hosted in conjunction with ACC Australia, this session will cover a range of topics relevant to both corporate and government lawyers, including:
the nature of the government contracting;
source of capacity and power to contract, authority to sign and bind and the doctrine of ultra vires;
Crown powers, privileges and immunities;
Government policy around ethical, sustainable and socially responsible procurement and implementation;
privacy issues and government reporting and disclosure requirements;
government probity policies and their implementation in practice; and
risk sharing and managing contracts with government.
General counsel and company secretaries of listed public companies (and other disclosing entities) are tasked with helping their board ensure the company complies with its statutory obligations, including its continuous disclosure obligations. Getting it wrong can have a range of implications for the company and its officers, including suspension from ASX, an ASIC infringement notice, civil and criminal penalties, not to mention the risk of litigation and serious reputational damage.
This seminar will introduce in-house counsel and company secretaries to Australia’s continuous disclosure framework, and will explore a number of hotspots including:
leaks and lost confidentiality;
upgrades or downgrades to earnings guidance and earnings surprises;
material exposure to ESG issues; and
regulatory investigations or other material events potentially causing financial loss or reputational damage.
The energy sector is undergoing rapid transformation. Climate change and technological advancements are disrupting energy markets, and creating challenges for regulators, policy makers and market participants.
This webinar, hosted by Gilbert + Tobin’s award-winning Competition + Regulation team, will explore the latest regulatory developments in the energy sector, including:
major interventions in gas markets;
changes to the electricity grid connection rules; and
the ongoing development of Government schemes to support investment in renewable energy zones.
This CPD session is a must for in-house counsel who expect to be involved in major projects, transactions or disputes in the energy sector over the coming year.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), which was passed by the Government on 7 December 2022, contains some of the most significant industrial relations reforms since the Fair Work Act 2009 (Cth) was enacted. These reforms will have major implications for Australian businesses across all industries and sectors.
Key changes include:
expansion of multi-employer enterprise bargaining, reduced barriers to Fair Work Commission arbitration and changes to the approval process for enterprise agreements;
limitations on the use of fixed term employment contracts;
abolition of pay secrecy provisions in employment agreements;
new prohibitions on sexual harassment;
greater powers of the Fair Work Commission to settle disputes relating to flexible working arrangements and parental leave extensions; and
empowering the FWC to make equal remuneration orders.
This session will:
provide an overview of the specific changes that came into effect on 7 December 2022, and those that will take effect in June and December in 2023;
outline what these changes mean for Australian businesses; and
explore the role of in-house counsel to help Australian businesses prepare for the remaining changes which come into force later in 2023.