Dear Tony
1. As you know Benchmark is now offering CLE for lawyers, with over 50 video discussions, with some of the senior lawyers in the country. We have over another 100 booked to be filmed in coming months.
2. The cost for CLE for individual lawyers is $300 plus GST to 31 December. As points for the 2017 year can be accrued this year, it’s essentially the opportunity to have 2 years of CLE for that cost.
3. Next week for example we have Kevin Connor SC and Giles Eyre, from the UK discussing the case of Kennedy v Cordia. As well as having a busy practice at the Bar in the UK Giles Eyre is co-author of Writing Medico-Legal Reports in Civil Claims – an essential guide (2015), and is contributing editor to Asbestos Claims: Law, Practice and Procedure and Clinical Negligence Claims - A Practical Guide in the UK.
4. We are getting some wide coverage. The Federal Magistrate’s Court is showing the Dr Fisher and Geraldine Doogue video on Mental Health and the Law. The National Registrar’s conference is showing Paul Caporale on Mediation and the Role of Lawyers
5. We have had requests from barrister’s chambers, and by a national plaintiff’s firm with 200 lawyers for a package deal for CLE for them.
6. We would be happy to provide that same arrangement for Avant if it is interested in having its solicitor’s CLE done through Benchmark Television.
7. We would also welcome Avant presenting, including with any of their Senior Lawyers, in relation to risk, or any other aspect of medical negligence.
8. Below is the list of Discussions which would fit within the compulsory subjects and below that a list of the current productions. More are being released and filmed most days.
Warm regards
Alan Conolly for Benchmark
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| Benchmark Television |
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ETHICS AND PROFESSIONAL RESPONSIBILITY
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| Mike Dudman and Paul Linsdell on the Uniform Law in relation to costs |
| Mike Dudman and Paul Linsdell of Blackstone Legal Costing discuss the implications of the Uniform Legal Profession Uniform Law as it relates to costs. They cover the “public interest test” and the “fair and reasonable test” that has replaced the “grossly excessive test”. They also consider the more controversial aspects of the new costs rules. |
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PRACTICE MANAGEMENT AND BUSINESS SKILLS
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| Rob Knowsley on marketing in law firms (Part 1) |
| Rob Knowsley presents in discussion with Louise Blase on marketing for law firms based on 40 years experience - gold. |
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| Rob Knowsley on utilising people performance to increase profitability of legal firms |
| Rob Knowsley discusses legal practice management, focussing on how to improve staff performance to benefit the business. |
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| Dr Robert Fisher and Geraldine Doogue on Mental Health and the Legal Profession |
| Renowned journalist Geraldine Doogue interviews Head of Department of Psychiatry and Psychological Services at St Vincent’s Clinic and St Vincent’s Private Hospital Dr Robert Fisher. All members of the profession must watch this production. |
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| Dai Le and Reynah Tang on the Bamboo Ceiling in the Australian Legal Profession |
| Australian Lawyers with Asian heritage participating in the profession. |
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| Erik de Jong and Alan Conolly on executive coaching for lawyers |
| Expert coach Erik de Jong talks about executive coaching, an underutilised resource in law firms. |
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| Succession Planning for Lawyers |
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| COMING SOON |
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| How to Take a Business from Red to Black |
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| COMING SOON |
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| Revenue Budgeting, Setting Fee Targets, Pricing, Billing and the Modern Billable Hour |
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| COMING SOON |
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PROFESSIONAL SKILLS
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| Paul Caporale and Elizabeth Ramsay on mediation |
| Paul Caporale and Elizabeth Ramsay discuss the role of lawyers and confidentiality in mediation – from the perspective of the mediator. |
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| Colin McPhillamy and Catherine McDonald on Advocacy and Theatre |
| Cases are won and lost in court by more than just the technical, legal argument. The skill of advocacy makes up the differential, which can easily be traced to the art of acting. |
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PRACTICE LEGAL ETHICS
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| Mike Dudman and Paul Linsdell on the Uniform Law in relation to costs |
| Mike Dudman and Paul Linsdell of Blackstone Legal Costing discuss the implications of the Uniform Legal Profession Uniform Law as it relates to costs. They cover the “public interest test” and the “fair and reasonable test” that has replaced the “grossly excessive test”. They also consider the more controversial aspects of the new costs rules. |
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SUBSTANTIVE LAW
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54 CLE Productions are as below:
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| Joshua Thomson SC in discussion with Ian Benson on Exclusion and Consequential Loss Clauses in Commercial Contracts |
| Can liability be totally excluded – what about fraud – unconscionability – four corners rule – particular remedies – direct loss, consequential loss – a very useful session from an acknowledged authority and author. |
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| Duncan Macfarlane, Barrister of Sydney in discussion with Ian Benson on Procedural Fairness |
| Is a party strictly limited to its pleaded case? What is appealable surprise? Claims for bias – a trial judge need not always provide extensive reasons. This is a reasonably short session - under 14 minutes. |
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| Edmund Finnane on Equitable Interest in Land Created by Informal Arrangements in discussion with Ian Benson |
| This discussion includes recognition of equitable interests in land, resulting constructing trusts and proprietary estoppel and remedies. An important discussion – worth the watch. |
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| James Sheller of counsel in discussion with Ian Benson on setting aside voidable transactions |
| Discussion includes the Bankruptcy Act and asset protection and fraudulent behaviour. This is an important session for everyone. |
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| Timothy Hale QC and Luke Waterson present on Mining and Resources Law - Appeal - Estoppel |
| This discussion includes judicial review, rules of statutory interpretation, right to reasons for a decision, issue estoppel and Anshun estoppel. Although it’s about the Mining Act 1992 (NSW) this discussion is of general interest. |
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| Rob Knowsley on marketing in law firms (Part 1) |
| Rob Knowsley presents in discussion with Louise Blase on marketing for law firms based on 40 years experience - gold. |
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| Rob Knowsley on utilising people performance to increase profitability of legal firms |
| Rob Knowsley discusses legal practice management, focussing on how to improve staff performance to benefit the business. |
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| Phillip Bambagiotti and Gina D’Amico on res judicata in Insurance Litigation |
| Phillip Bambagiotti, Barrister and Gina D’Amico, Solicitor discuss res judicata in the context of the recent case of De Armas v Peters [2015] NSWSC 1050 |
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| Paul Caporale and Elizabeth Ramsay on mediation |
| Paul Caporale and Elizabeth Ramsay discuss the role of lawyers and confidentiality in mediation – from the perspective of the mediator. |
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| Sangeetha Pillai on recent reforms to Citizenship-stripping legislation |
| Sangeetha Pillai of Monash University, discusses the Australian Citizenship Amendment (Allegiance to Australia) Act 2015 and the changes that the legislation has brought to Australian law. |
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| Marie Bridger on Testamentary Capacity |
| Marie Bridger on Testamentary Capacity – a consideration of Briton v Kipritidis [2015] NSWSC 1499. It deals with burden of proof and mental ill health where there is still capacity. |
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| Dr Robert Fisher and Geraldine Doogue on Mental Health and the Legal Profession |
| Renowned journalist Geraldine Doogue interviews Head of Department of Psychiatry and Psychological Services at St Vincent’s Clinic and St Vincent’s Private Hospital Dr Robert Fisher. All members of the profession must watch this production. |
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| Nicholas Kidd SC and Shahan Ahmed on liability of Australian financial services licensees for the misconduct of their authorised |
| Nicholas Kidd SC and Shahan Ahmed review sections of the Corporations Act 2001 (Cth) governing the provision of financial services. They also review liability for misconduct by authorised representatives in the provision of such services with reference to Casaclang v Wealthsure Pty Ltd [2015] FCA 761. |
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| The Hon. Ian Coleman SC with Dasith Vithanage on property settlement |
| The Hon. Ian Coleman SC (Barrister) discusses Stanford v Stanford [2012] HCA 52; 247 CLR 108 and its effect on Hickey v Hickey (2003) FLC 93-143. |
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| Sarah Hill and Michelle Daniels present on legal capacity |
| Sarah Hill and Michelle Daniels discuss the common law presumption of sanity, and the tests for determining whether somebody is capable of managing their own affairs or making a will. |
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| Associate Professor Neil Foster with Ian Benson on Criminal Sanctions for Workplace Accidents |
| Associate Professor Neil Foster discusses one of his primary research interests – the Work Health and Safety Act 2011 (NSW). |
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| Paul Blacket SC and Peter Neil SC on Malicious Prosecution |
| Wrongly convicted person awarded substantial damages. |
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| Kevin Connor SC and Awais Ahmad on subpoenas issued by insurers against their insureds |
| Kevin Connor SC and Awais Ahmad consider the recent case of Lowery v Insurance Australia Ltd [2015] NSWCA 303 and discuss the issues that arise when an insurer issues a subpoena to its insured. |
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| Dennis Flaherty on appealing against decisions of a trustee in bankruptcy |
| Dennis Flaherty discusses provable debts in bankruptcy and a bankrupt’s right of appeal against the decisions of a trustee in bankruptcy, both of which are issues that arose in Agresta v Trustee of Agresta [2015] FCA 46 |
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| Dr Harry Melkonian on court orders with an international dimension |
| Dr Harry Melkonian with Ian Benson discusses the variety of orders courts make relating to activities in other jurisdictions, including freezing orders, anti-suit injunctions, worldwide injunctions and actions commenced under long-arm provisions. |
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| David Pritchard SC and Ben Zipser on powers of attorney |
| David Pritchard SC and Ben Zipser discuss misrepresentations in the context of powers of attorney |
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| Dr Harry Melkonian and Stephen Blanks on Gun Control in USA and Australia - Part I |
| US constitutional lawyer Dr Harry Melkonian and New South Wales Council for Civil Liberties President Stephen Blanks discuss the legal and cultural aspects of gun control both in the USA and Australia - Part 1 |
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| Bill Washington on family provision claims by stepchildren |
| Bill Washington discusses a family provision application by a stepchild who had fallen out of contact with the deceased. |
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| Allan Blank and Alun Hill on claims against an estate |
| Allan Blank and Alun Hill discuss a recent case in which family provision and contractual claims were made against a deceased estate |
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| Christopher Wood and Daniel Krochmalik on dangers of statutory demands under the Corporations Law |
| Be very careful before you attempt recovery by statutory demand under the Corporations Law. Also a caution to those who do not appear - it will not save them from an order for costs. |
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| Brian Skinner on grandchildren and the Succession Act (NSW) |
| The Succession Act (NSW) and grandchildren. |
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| Paul Lawrie on Police Torts |
| Paul Lawrie discusses the issues that arise when suing or defending police for torts allegedly committed during an arrest. |
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| Dai Le and Reynah Tang on the Bamboo Ceiling in the Australian Legal Profession |
| Australian Lawyers with Asian heritage participating in the profession. |
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| Gabriel Wendler and Stephen Odgers SC on trial date delays in criminal matters |
| Gabriel Wendler and Stephen Odgers SC discuss Cheih-Wei Lin v R - in which the Court of Criminal Appeal held that a trial judge was wrong to postpone the trial as requested by the Crown. |
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| Julian Sexton SC on interpreting a disability policy of insurance |
| A consideration of Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2015] NSWCA 104. |
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| Graham Barter on Judicial Review of Administrative Action |
| Graham Barter believes the practice of judicial review is a most exciting area of current law. We agree. |
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| Erik de Jong and Alan Conolly on executive coaching for lawyers |
| Expert coach Erik de Jong talks about executive coaching, an underutilised resource in law firms. |
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| Angus Stewart and Catherine Gleeson on Admiralty Law |
| Something we should all know – how to arrest a ship! |
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| Stephen Keim SC and Kevin Connor SC on Natural Justice |
| Stephen Keim SC and Kevin Connor SC discuss the right to natural justice of a medical practitioner on the one hand, and the privacy and confidentiality of witnesses on the other. |
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| Martin Luitingh and Terry Grace on Advocates’ Immunity in Australia |
| Advocates’ immunity has been a controversial topic for many years. Barrister Martin Luitingh argues that Australia is alone in maintaining the immunity and should abandon it. |
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| Matthew Collins QC on Drafting Imputations |
| Internationally acclaimed author on the law of defamation Dr Matthew Collins QC discusses the pleading of imputations in defamation actions and importantly what not to do. |
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| Mike Dudman and Paul Linsdell on the Uniform Law in relation to costs |
| Mike Dudman and Paul Linsdell of Blackstone Legal Costing discuss the implications of the Uniform Legal Profession Uniform Law as it relates to costs. They cover the “public interest test” and the “fair and reasonable test” that has replaced the “grossly excessive test”. They also consider the more controversial aspects of the new costs rules. |
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| Peter Neil SC on Malicious Prosecution |
| Peter Neil SC discusses a malicious prosecution, in the light of a recent case handed down by the NSW Court of Appeal. When does a police officer or prosecutor act without reasonable and probable cause? How might the tort be applied in the future? |
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| Gregory Burton SC and Caspar Conde on Fixtures in Australian Commercial Law Today |
| Gregory Burton SC and Caspar Conde discuss the modern application of the law of fixtures with reference to a recent commercial dispute. |
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| The Hon. Gregory James AM QC and Jill Gatland on Habeas Corpus in Australian Law Today |
Habeas Corpus is still alive after 700 years.
The Hon. Greg James QC and barrister Jill Gatland discuss White v Local Health Authority, where habeas corpus was used to protect the liberty of the individual. |
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| Richard Perry QC with Christopher Wood on Directors’ Duties |
| Richard Perry QC and Christopher Wood discuss the dangers that arise when directors fix their own remuneration. (Jones v Invion Limited) |
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| Barry Toomey QC with Ian Benson on Causation |
| Queen's Counsel Barry Toomey discusses causation in tort in light of the High Court case of Strong v Woolworths |
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| Professor Neil Foster with Ian Benson on Religious Freedom and the Constitution |
| Professor Neil Foster from Newcastle University discusses freedom of religion under Australian law. |
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| Marcus Pesman SC and Charles Alexander on Equitable Contribution |
| Senior Counsel Marcus Pesman and Barrister Charles Alexander discuss the equitable doctrine of contribution, and a recent case in which the High Court clarified the notion of coordinate liabilities. |
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| Fred Hawke & David Gerber on Proportionate Liability |
| Clayton Utz Partners Frederick Hawke and David Gerber discuss proportionate liability, and what happens when a plaintiff claims the same loss under different statutory provisions, where some of those provisions give rise to apportionable claims and some do not. |
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| Matthew Collins QC and Ian Benson on Defamation Law |
| In this edition of Benchmark Television, Matthew Collins QC and Ian Benson discuss defamation law with particular reference to the Supreme Court of Victoria’s decision in Barrow v The Herald & Weekly Times Pty Ltd [2015] VSC 263, where Mr Collins acted as counsel for the defendant. Mr Collins is also the leading author of ‘Collins on Defamation (Oxford University Press, 2014)’ and ‘The Law of Defamation and the Internet’ (Oxford University Press, 2001, 2005, 2010). |
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| Richard Douglas QC and Dennis Wheelahan QC present on State of Queensland v Kelly [2014] QCA 27 |
| In this edition of Benchmark Television, Dennis Wheelahan QC and Richard Douglas QC discuss negligence litigation with particular reference to the Queensland Supreme Court of Appeal’s decision in Queensland v Kelly [2014] QCA 27. Mr Douglas acted as leading counsel for the respondent. |
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| Sarah Hill and Michelle Daniels on Undue Influence |
| In this edition of Benchmark Television, Sarah Hill (Barrister) and Michelle Daniels (Barrister) discuss undue influence, with particular reference to recent cases decided by the New South Wales Supreme Court. |
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| Ian Latham and Dr Clinton Fernandes - Fighting Government Secrecy |
| In this edition of BTV, Dr Clinton Fernandes and Ian Latham, barrister, present on Dr Fernandes’ applications for records from the National Archives related to Australia’s history with East Timor. They also explore wider issues relating the history of East Timor, and the low level of legislative oversight of intelligence activities in Australia. |
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| Colin McPhillamy and Catherine McDonald on Advocacy and Theatre |
| Cases are won and lost in court by more than just the technical, legal argument. The skill of advocacy makes up the differential, which can easily be traced to the art of acting. |
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| John Maconachie QC with Catherine McDonald (Arbitrator) on Malicious Prosecution |
| In this edition of Benchmark Television, John Maconachie Q.C. discusses the tort of Malicious Prosecution with particular reference to the watershed case of A v State of New South Wales (2007) 230 CLR 500. The interview details the history of the cause of action, including its justifications at common law; clarifies the elements of the tort as illustrated by the High Court in A; and canvasses areas for the development of the law. Mr Maconachie Q.C. acted as Senior Counsel for the first, second and third respondents (State of New South Wales, Floros and Hannigan) in A’s Case at the NSW Court of Appeal. |
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| Jill Gatland and Nicholas Mirzai on Personal Property Securities Act (PPSA) |
| Jill Gatland (Barrister) and Nicholas Mirzai (Barrister) discuss the Personal Property Securities Act 2009 (Cth) and SFS Projects Australia Pty Ltd v Registrar of Personal Property Securities [2014] FCA 846. Where the powers of the Registrar to correct unintended errors on the Register are unclear, the consequences for parties such as SFS are “unimaginably bad.” |
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| The Hon. Gregory James AM QC with Peter Lange and Peter Lowe on Constitution: Implied Freedom |
| The Hon. Gregory James AM QC (Barrister), Peter Lange (Barrister) and Peter Lowe (Barrister) discuss Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales [2014] HCA 35. The unrestrictive interpretation of the s 93X Crimes Act 1900 (NSW) consorting provision extends police powers at the cost of freedoms of communication and association. It remains to be seen just how far the courts are willing to defer to the Government’s will. |
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| The Hon. Ian Coleman SC with Dasith Vithanage on Binding Financial Agreements |
| The Hon. Ian Coleman SC (Barrister) discusses Saintclaire v Saintclaire [2013] FamCA 491 which considered the validity of binding financial agreements under the Family Law Act 1975 (Cth). Mr Coleman observes, “when people marry it is often hope over experience… (particularly where the law on binding agreements provides) so many questions and so few answers.” |
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