Misleading Conduct in Finance: Legal Duties and Pitfalls

Thursday, 20 March 2025
Description

Attend and earn 0.5 CPD hour in Substantive Law 

This program is based on WA legislation

Navigating Misleading and Deceptive Conduct Concerning Financial Products and Services

 

  • Understanding the complex interplay between:
    • Section 1041H of the Corporations Act 2001
    • Section 12DA of the ASIC Act 2001
    • Section 18 of the Australian Consumer Law (ACL)
  • Identifying when to apply each legislative framework for misleading and deceptive conduct, particularly as it relates to ‘financial products and/or financial services
  • Practical considerations in selecting the correct statutory pathway

Presented by Dr. Robert Cunningham, Barrister, Murray Chambers; Dean & Head of Curtin Law School; Professor of Law; Fellow of the Australian Academy of Law

Chair

David Vilensky, Solicitor and Managing Director, Bowen Buchbinder Vilensky Lawyers 

Presenters


David Vilensky, Solicitor and Managing Director, Bowen Buchbinder Vilensky Lawyers
David is a corporate lawyer with a particular focus on mining and resources, mergers and acquisitions, telecommunications, corporate advisory, contractual disputes, specialist contract drafting and complex corporate transactions. David has more than 35 years experience in negotiating, advising on and drafting a broad range of commercial agreements including mergers and acquisitions, shareholder and management agreements, exit agreements, licence agreements, the sale and purchase of mining tenements, joint ventures and share sale agreements. He also advises on capital raisings, corporate governance, due diligence and corporate transactions generally and acts for both private and public companies listed on the Australian Securities Exchange. He regularly advises on directors’ duties and compliance with ASX Listing Rules including continuous disclosure. David is also an experienced public company director and currently sits on the boards of 3 ASX listed companies including one as its Chairman. David is also experienced in dispute resolution including mediations and arbitrations and in the resolution of commercial and contractual disputes. Over the years David has had articles published in various journals on subjects such as directors’ duties, the Trade Practices Act and law firm practice management issues such as ethical billing practices and value pricing on which subject he has frequently delivered papers at seminars in Australia and New Zealand. David has been a strong advocate of the value pricing model for law firms and was largely instrumental in replacing the billable hour model at BBV with a fixed fee model where fees are fixed and agreed with clients in advance and where time is not money.


Dr Robert Cunningham, Barrister,
Dr. Robert Cunningham is a barrister at Murray Chambers, specializing in Federal Court matters, particularly corporate law litigation related to directors' duties, market misconduct, disclosure, and corporate contracting, as well as intellectual property and international trade law. He has a strong commitment to public interest advocacy, providing legal advice and court representation for not-for-profit organizations and consumer protection advocates. Admitted to practice in 2004 and elected to the Western Australian Bar Association in 2015, Robert has taught at prestigious institutions including the Australian National University, University of California (Berkeley), New York Law School, and Queen Mary College (London). A prolific author, he has published numerous journal articles and books in the fields of corporate law, intellectual property, and international trade law, and regularly presents his work both domestically and internationally. In addition to his practice, Robert serves as Dean and Head of Curtin Law School and is a Fellow of the Australian Academy of Law, maintaining teaching and research commitments in Corporate Law, International Commercial Law, World Trade Organization Law, Intellectual Property, and Information Governance.

Thursday, 20 March 2025
Description

Attend and earn 0.5 CPD hour in Substantive Law 

This program is based on WA legislation

Navigating Misleading and Deceptive Conduct Concerning Financial Products and Services

 

  • Understanding the complex interplay between:
    • Section 1041H of the Corporations Act 2001
    • Section 12DA of the ASIC Act 2001
    • Section 18 of the Australian Consumer Law (ACL)
  • Identifying when to apply each legislative framework for misleading and deceptive conduct, particularly as it relates to ‘financial products and/or financial services
  • Practical considerations in selecting the correct statutory pathway

Presented by Dr. Robert Cunningham, Barrister, Murray Chambers; Dean & Head of Curtin Law School; Professor of Law; Fellow of the Australian Academy of Law

Chair

David Vilensky, Solicitor and Managing Director, Bowen Buchbinder Vilensky Lawyers 

Presenters


David Vilensky, Solicitor and Managing Director, Bowen Buchbinder Vilensky Lawyers
David is a corporate lawyer with a particular focus on mining and resources, mergers and acquisitions, telecommunications, corporate advisory, contractual disputes, specialist contract drafting and complex corporate transactions. David has more than 35 years experience in negotiating, advising on and drafting a broad range of commercial agreements including mergers and acquisitions, shareholder and management agreements, exit agreements, licence agreements, the sale and purchase of mining tenements, joint ventures and share sale agreements. He also advises on capital raisings, corporate governance, due diligence and corporate transactions generally and acts for both private and public companies listed on the Australian Securities Exchange. He regularly advises on directors’ duties and compliance with ASX Listing Rules including continuous disclosure. David is also an experienced public company director and currently sits on the boards of 3 ASX listed companies including one as its Chairman. David is also experienced in dispute resolution including mediations and arbitrations and in the resolution of commercial and contractual disputes. Over the years David has had articles published in various journals on subjects such as directors’ duties, the Trade Practices Act and law firm practice management issues such as ethical billing practices and value pricing on which subject he has frequently delivered papers at seminars in Australia and New Zealand. David has been a strong advocate of the value pricing model for law firms and was largely instrumental in replacing the billable hour model at BBV with a fixed fee model where fees are fixed and agreed with clients in advance and where time is not money.


Dr Robert Cunningham, Barrister,
Dr. Robert Cunningham is a barrister at Murray Chambers, specializing in Federal Court matters, particularly corporate law litigation related to directors' duties, market misconduct, disclosure, and corporate contracting, as well as intellectual property and international trade law. He has a strong commitment to public interest advocacy, providing legal advice and court representation for not-for-profit organizations and consumer protection advocates. Admitted to practice in 2004 and elected to the Western Australian Bar Association in 2015, Robert has taught at prestigious institutions including the Australian National University, University of California (Berkeley), New York Law School, and Queen Mary College (London). A prolific author, he has published numerous journal articles and books in the fields of corporate law, intellectual property, and international trade law, and regularly presents his work both domestically and internationally. In addition to his practice, Robert serves as Dean and Head of Curtin Law School and is a Fellow of the Australian Academy of Law, maintaining teaching and research commitments in Corporate Law, International Commercial Law, World Trade Organization Law, Intellectual Property, and Information Governance.

OND253W07C2

Misleading Conduct in Finance: Legal Duties and Pitfalls

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Single Session
CPD Points 0.5
$90.00
On Demand 20250719 20250320

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