Legalwise: Government Lawyers Conference

Date: Thursday, 5 March 2015
Time: 9.00am to 5.15pm
Venue: Parmelia Hilton, 14 Mill St Perth

Attend the full day and earn 7 CPD points including:
1 point in Competency Area 1: Legal Skills and Practice
1 point in Competency Area 2: Ethics or Professional Responsibility
5 points in Competency Area 3: Substantive Law

Attend this full day Legalwise Government Lawyers conference specifically tailored for Government Lawyers to discuss topical and current issues facing Government lawyers in their practice today. In the morning session, learn the impact of Lee v R on investigations and powers of gathering; participate on a practical Statutory Interpretation workshop; consider the liability of government and its officers in public office and review the ethics of the model litigant policy. While in the afternoon, the speakers will discuss some important issues and common problems for government lawyers in contracting.

SESSION ONE 9.00am to 1.15pm

Current Legal Issues for Government

Chair: Neil Douglas, McLeods Barrister and Solicitors, Acting Commissioner, Corruption and Crime Commission

Investigations and Powers of Gathering Post Lee v R

The impact of the decision of the High Court in Lee v R on:

  • Government departments that have the power to conduct a compulsory examination
  • Derivative powers of gathering
  • Difficulties arising where a department has the power to both conduct such an examination and to prosecute, where the subject matter of such prosecution has been covered in the examination

Presented by Alan Troy, Barrister, Francis Burt Chambers

Legal Skills and Practice

Statutory Interpretation Workshop: Cases and Recent Developments

Taking a case method approach; this workshop will examine the approach taken by courts to statutory construction, in particular context, legislative purpose, application of the Acts Interpretation Amendment Act 2012 (Cth) and the use of extrinsic materials. In order to benefit from the workshop participants will need to have read the cases citations of which will be provided in advance.

Presented by Dr John Cameron, Barrister, Francis Burt Chambers

Liability of Government and its Officers

  • Personal liability of public sector directors and senior government officers
  • Underlying notions of public trust and fiduciary obligations
  • Exclusions from prosecution: Civil Liability Act
  • Standard of conduct required

Presented by Dirk Feinauer, Principal, Feinauer Commercial Lawyers

Ethics or Professional Responsibility

Fair Play: The Obligation of Government to Act as a Model Litigant

It is well known that government entities are required to act as model litigants. What is less well understood is the scope of that obligation, both as to its requirements and its limits. This presentation will cover the model litigant obligations at common law and under the Legal Services Directions 2005 (Cth) as well as the consequences which may follow the failure of a government agency to comply with those obligations.

Presented by Fiona Vernon, Barrister, Francis Burt Chambers

SESSION TWO 2.00pm to 5.15pm

Government Contracts Today

Chair: Nicholas Egan, Deputy State Solicitor, State Solicitor’s Office

Avoiding Procurement Risks Through Solid Pre-Contractual Process

  • Designing an effective and robust procurement process
  • Different procurement models
  • Using and tailoring template contracts
  • Key clauses and issues relating to procurement risk
  • Privately funded and private/public funded projects: issues in both models

Presented by Laurie James, Partner, Kott Gunning Lawyers

Liability in Commercial Contracts: A Practical Guide to Common Issues of Liability in Modern Commercial Contracts and Negotiations

A commercial approach to understanding, negotiating and enforcing liability clauses, including:

  • How do liability clauses work together?
  • Practical application of indemnities
  • Role of insurance in negotiating your contract and managing your liability

Presented by Melanie Cave, Partner and Dan Dragovic, Partner, Herbert Smith Freehills

Performance Based Contracting: Commercial Considerations

  • How the penalty doctrine operates
  • Liquidated damages: practical tips
  • KPI Performance Contracts: What are the key commercial considerations for Government contracts?
  • Practical examples of long term Government performance based contracts

Presented by Will Coulthard, Partner, Ashurst