Always Speaking - statutory interpretation in changing times

The metaphor that legislation is “always speaking” reflects a principle that legislation generally should be given an “updating”, “ambulatory”, “dynamic” or “evolutionary” meaning. The principle is a little harder to apply in practice, particularly in an age of rapid change.

This session considers how courts apply old statutes to new circumstances and implications for drafting new statutory instruments.

CPD: 1 unit, Core (Professional Skills) 

Presenter: 
                  Lionel Hogg, Partner, Gadens 

National Integrity Spotlight

This session will explore the corruption investigations being conducted by the various federal and state bodies and the key trends that are emerging.

Coupling the lessons from these investigations with our own experiences, we will dive into what risks government entities should be alive to and how to protect against them. We will also address details of the implementation of the National Anti-Corruption Commission.

CPD: 1 unit, Substantive Law 

Presenters: 
                   Daniel Maroske, Partner, Gadens 
                   Angela Szczepanski, Director, Gadens

Leading Cases

A survey of various leading cases over the last year and what they mean for government.

Our selection this year includes major Australian and international judgments in the following areas: promissory estoppel; secret evidence and fair procedure; duty of care of a statutory corporation; directors' duties and insolvency; public nuisance and privacy; without prejudice communications; contractual obligations and restitution.

CPD: 2 units, Substantive Law

Presenters:
                  Some of Gadens best and brightest associates and solicitors

The power to change your mind

Where legislation authorises or requires the making of an instrument or decision, the power usually includes a power to amend or repeal it...but not always.

This session considers when and how decision makers may be empowered to change their minds.

CPD: 1 unit, Substantive Law

Presenter:
                 Russell Ensbey, Special Counsel, Gadens

How can the public sector do it better?

It is not unusual for public agencies to suffer adverse outcomes from commercial dealings with the private sector. As advisers, we see the same issues continually arising across all levels of government.

Drawing from experience, this session will examine typical scenarios where an adverse outcome for a public agency provides an opportunity to learn and improve. Our speakers will examine strategies to set workable and sustainable commercial positions, to anticipate problems and to effectively manage the constant risks to time, budget and quality. The session is suited to anyone who has wondered “isn’t there a better way?”

CPD: 1 unit, Substantive Law 

Presenter: 
                Liam Chambers, Partner, Gadens 
                Paul Calvert, Partner, Gadens

Enforcing PPS

Public authorities occasionally seek recourse to “personal property” as security for the obligations for private companies with which they have commercial dealings. Typically, the property is of considerable value and is often associated with a large project or enterprise the public authority is supporting. Much can go wrong, including (possibly) the decision to accept the security in the first place.

This session outlines the legal issues for public authorities in taking and enforcing personal property securities, including in an insolvency setting.

CPD: 1 unit, Substantive Law 

Presenters: 
                  Alicia Auden, Director, Gadens 
                  Aaron Chan, Senior Associate, Gadens 

Vicarious Liability

Vicarious liability is imposed despite an employer not itself being at fault. Common law courts have struggled to identify a coherent basis for identifying when an employer should be held vicariously liable for negligent acts of an employee, let alone for intentional, criminal acts. And its modern application is complicated by statutory remedies.

This session will examine the current state of vicarious liability under Australian law, including recent local and international cases tracking its development.

CPD: 1 unit, Substantive Law

Presenters:
                  Lionel Hogg, Partner, Gadens
                  Blade Atton, Associate, Gadens

Beyond ChatGPT - AI in government

The future of AI for governments and the people they serve

The recent buzz around generative AI has focused on internal automation use cases and job displacement within the public and private sector. There has been less focus on the power generative AI tools put in the hands of ordinary citizens, particularly in the context of public authorities holding their personal information and the inexorable trend towards greater disclosure.

This session examines how public accountability has the potential to be reframed by motivated citizens with generative AI co-pilots and what this may mean for the fair use of compulsorily provided personal information and due public administration.

CPD: 1 unit, Core (Practice Management & Business Skills)

Presenters: 
                   Robert Feldman, Director, Gadens
                   Brierly Broad, Associate, Gadens 

Ethical issues for government lawyers arising out of the Robodebt Royal Commission

The Robodebt Royal Commission revealed some public administration shortcomings, including a failure of parts of government to identify and comply with its own laws.

In this session, Angus Scott KC, Senior Counsel Assisting the Robodebt Royal Commission, and Renee Berry, Counsel Assisting, will share some lessons arising the Commission’s investigations and findings.

CPD: 1 unit, Core (Practical Legal Ethics)

Presenters: 
                  Angus Scott KC, Murray Gleeson Chambers
                  Renee Berry, Higgins Chambers