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Workplace Law Conference: Managing Risk, Resolving Disputes

Your clients expect more than knowledge of employment law. They rely on your judgment when the answer is contested, the exposure is significant and the next move matters. With an increase in general protections applications and AI created self- represented claims in the FWC. You have a concrete reason to reconsider how you assess a claim, prepare your evidence and advise on settlement. Test your approach to general protections litigation, assess payroll compliance and underpayment risks, and refine your strategy on restraints of trade and confidential information. Consider how AI, workplace surveillance and employee privacy affect the advice your clients need from you. Develop practical approaches to preparing for mediation, negotiating settlement terms and managing the problems that can put an agreement at risk. Examine your ethical obligations when dealing with self-represented litigants, including those relying on AI-generated materials. 

Thursday, 18 March 2027
11.15am to 12.15pm Restraints of Trade and the Protection of Confidential Information

Presented by Rebecca Preston, Barrister, Aickin Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2026

Practice Management
3.00pm to 4.00pm Practice Management for Workplace Lawyer

Presented by William Marshall, Partner, Gadens; Labour and Employment Law, Best Lawyers 2027

Session 1: Claims and Risks: General Protections, Underpayment, Restraints of Trade and Technology

Chair: Joseph Kelly, Principal, Kelly Workplace Lawyers; Leading Employment Lawyer, Victoria, Doyle’s Guide 2019 – 2026; Accredited Specialist in Workplace Relations, Law Institute of Victoria

10.00am to 11.00am Payroll Audits, Wage Compliance and Underpayment Risks
  • Payroll systems and managerial discretion
  • Record keeping
  • Remediation and offsetting 

Presented by Fiona Knowles, Barrister, Foley’s List; Recommended Employment Law Junior Counsel, Doyle’s Guide 2026

Session 2: Essential Professional and Practice Skills and Ethics for Employment Lawyers

Chair: Lauren Townsend, Partner, Thomsons; Labour and Employment Law and Employee Benefits Law, Best Lawyers

Ethics & Professional Responsibility
4.15pm to 5.15pm Obligations when Dealing with Self-Represented Litigants in Fair Work Proceedings

Examine the Court and Tribunal's expectations of legal practitioners when dealing with self-represented litigants, including relevant professional and ethical obligations.

  • Managing proceedings involving self-represented litigants, both in the lead-up to and during a hearing or trial
  • Practical tips for appearing against self-represented litigants
  • The emerging impact of artificial intelligence (AI) on proceedings involving self-represented litigants, including the practical and ethical challenges arising from AI-generated materials

Presented by Tessa Duthie, Barrister, Aickin Chambers

Description

Attend and earn 7 CPD units including: 
4 units in Substantive Law 
1 unit in Practical Legal Ethics 
1 unit in Practice Management & Business Skills 
1 unit in Professional Skills 
This program is applicable to practitioners from all States & Territories

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm AI, Privacy and the Role of Technology in the Modern Workplace
  • Workplace surveillance and employee privacy
  • Transitioning to technology-led workplaces
  • AI-assisted and automatic decision-making in the workplace
  • AI and its implications on employee data

Presented by Chris Molnar, Partner, Kennedys; Accredited Specialist in Workplace Relations, Law Institute of Victoria

4.00pm to 4.15pm Afternoon Tea
Professional Skills
2.00pm to 3.00pm Mediation in Employment Disputes: Obligations, Strategy and Pitfalls

Most employment disputes now settle at mediation, from unfair dismissal and general protections claims to discrimination and contract matters. Mediation is a core skill for employment lawyers, but it has its own rules and risks.

  • Ethical and legal obligations: your duties to the client, the other side and the process. This includes candur and the limits on misleading conduct, confidentiality and "without prejudice" protections, authority to settle, and conflicts
  • Practical tips and tricks: preparing your client, drafting position papers, using opening statements well, making offers strategically, managing private sessions, and getting terms of settlement signed on the day
  • Common problems and how to handle them: parties who arrive without settlement authority, emotionally charged, power-imbalanced situations or mediations requiring a trauma informed approach, disputes over what the parties actually agreed, and challenges to settlement agreements after the fact

Presented by Franceska Leoncio, Barrister, Aickin Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2026

9.00am to 10.00am General Protections Litigation
  • Ascertaining who is in the decision-making tent
  • Identifying workplace rights 
  • Compensation and the counterfactual
  • Strategic and practical issues

Presented by Catherine Pase, Barrister, List G Barristers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2026

Presenters

Rebecca Preston, Barrister, Aickin Chambers
Rebecca continues to be recognised in Doyle's Guide to the Best Barristers in Victoria (2017-2022) in the field of Employment and Work Health Safety and is one of two representatives of counsel sitting on the Fair Work Commission Unfair Dismissal Users' Group. Rebecca primarily practises in the areas of employment, industrial relations and anti-discrimination law. She also was junior counsel for the Department of Jobs Precincts and Regions in the Hotel Quarantine Inquiry. Rebecca is regularly briefed to provide prospects and strategic advice to clients, and has represented clients in VCAT, the Fair Work Commission, County Court, Supreme Court, Federal Circuit Court and Federal Court - at first instance and variously on appeal. Along with her undergraduate Honours degree in Law, Rebecca holds a Bachelor of Science (Genetics and Microbiology, Monash, first class Honours average), and a Master of Laws (Melbourne, first class Honours average, recipient of prize for the top Labour Relations student).

Tessa Duthie, Barrister, Aickin Chambers
Tessa practices in industrial relations and employment law.  Tessa represents clients in a vast range of employment and industrial relations matters, including all types of applications arising under the Fair Work Act 2009 (Cth), such as general protections disputes, Modern Award/EBA interpretation/contraventions, unfair dismissal applications and industrial relation disputes (right of entry, industrial action and enterprise bargaining). Tessa also acts for clients in respect of contractual disputes (restraints of trade, breaches of fiduciary duties), discrimination/sexual harassment applications and workplace health and safety matters. Tessa advises and appears in matters in the Federal Court of Australia, Federal Circuit and Family Court of Australia, the Fair Work Commission and various State Courts and Tribunals. Tessa also frequently represents clients in ADR processes. Tessa has an interest in teaching and has been employed sessionally by Monash University and Deakin University, as a tutor for Litigation and Dispute Resolution and Evidence Law respectively.  Tessa also sits as a panel member of the Victorian Amateur Football Association tribunal. 

Joseph Kelly, Principal, Kelly Workplace Lawyers
Joseph Kelly, has extensive experience in commercial litigation and workplace law, having advised employers and employees on all issues relating to industrial relations and employment law. Joseph has advised industry bodies, unions, employers and government and continues to run training and information seminars for legal practitioners. Joseph is accredited as a specialist in Workplace Relations by the Law Institute of Victoria.


Lauren Townsend, Partner, Thomsons
With over 15 years' experience advising and acting for Australian and international employers in relation to the full range of Australian employment law issues across the employee lifecycle, Lauren is well regarded by her clients for being able to explain complex legal issues in a digestible manner and for her pragmatic and timely advice. Lauren's practise encompasses all aspects of employment law, industrial relations, work health and safety, discrimination law and workplace investigations. This includes employment/executive contracts, enterprise bargaining, industrial action and other industrial disputes, enterprise agreement and modern award compliance, management of ill and injured workers, management of employee misconduct and underperformance (including termination of employment), transfer of business, employee/contractor distinction, workplace bullying and employment related litigation. Lauren's legal expertise is complemented by her experience as an independent workplace investigator, having conducted external misconduct investigations for a range of private and public sector clients. For example, Lauren has conducted workplace investigations for a major public hospital in Melbourne, Universities, Victorian Government Departments, Victorian Government emergency services (police and ambulance), and the APS. Lauren regularly provides presentations and training to in house counsel and HR professionals.

Chris Molnar, Partner, Kennedys
Chris is a Partner in Kennedys Melbourne office who has been assisting clients to solve workplace relations problems for nearly 30 years. He has extensive experience across all Australian jurisdictions.  He has litigated in State courts and tribunals, and deals regularly with matters in the Federal Court and the Federal Circuit Court. His clients include large ASX-listed companies and SME's, State, Federal and Territory governments, local councils and public-owned entities. He also acts for individuals, typically senior management. His practice, both litigious and non-litigious, includes employment law, discrimination law, sexual harassment, bullying, industrial relations, work, health and safety, directors’ liability and protection of confidential information. Chris has post-graduate qualifications in law (LLM) and management (MBA) and regularly presents at industry and legal seminars. He is accredited by the Law Institute of Victoria as a specialist in workplace relations and is also a Fellow of the Australian Institute of Company Directors. Chris is a member of the Commercial Law and Regulatory Studies (CLARS) Advisory Board, Faculty of Law, Monash University. He is a regular contributor to the Employment Law Bulletin and Law Institute Journal and was a speaker at Monash University’s Conference in Prato, Italy, in 2012 on Business Innovation and the Law.


William Marshall, Partner, Gadens
William advises a range of clients on employment law, workplace disputes and industrial relations matters. He works closely with HR teams, industrial relations specialists, legal counsel and senior management to deliver clear, commercially focused solutions. William regularly acts for publicly listed companies, large private businesses and not-for-profit organisations, guiding them through complex negotiations and litigation. Combining technical precision with practical insight, William ensures clients achieve outcomes that align with their strategic objectives.

Franceska Leoncio, Barrister, Aickin Chambers
Franceska practises in commercial and public law with a particular focus on industrial relations and employment law. She has also advised and appeared in migration matters before the Federal Court, Federal Circuit and Family Court of Australia and the Administrative Appeals Tribunal. Franceska has represented employees, employers, insurers and government regulators in a range of employment and industrial relations matters in the Federal Court, Federal Circuit and Family Court of Australia, Court of Appeal, Supreme Court of Victoria, Magistrates’ Court and the Fair Work Commission. She regularly advises on termination of employment matters, industrial relations disputes, employment entitlements, restraints of trade, workplace investigations, and workplace safety. Prior to coming to the Bar, Franceska was Associate to the Honourable Justice RRS Tracey AM RFD of the Federal Court of Australia. Franceska previously practised as a solicitor in the employment practice group at Ashurst.

Fiona Knowles, Barrister, Foley’s List
Fiona practises mainly in workplace law, including industrial, regulatory, and representative proceedings. She has acted for a wide range of clients, including government departments, associations, corporations, unions, and individuals.  Her litigation experience covers employment, industrial and discrimination matters; regulatory and disciplinary work; class actions; public and administrative law; royal commissions and inquiries; and workplace injury and safety.  Before coming to the Bar, Fiona worked at the Fair Work Ombudsman and the Department of Justice, following more than 10 years in private practice. Fiona sits on the Industrial Bar Association Committee and chairs its CPD sub-committee. She is also a member of the Advisory Board for the Centre for Employment and Labour Relations Law at Melbourne Law School, where she has co-taught the postgraduate subject Equality and Discrimination Law at Work. In 2027, she will be co-teaching Enforcing Work Law. 

Catherine Pase, Barrister, List G Barristers
Before Catherine joined the Victorian Bar, she was a Special Counsel in the Employment, Industrial Relations and Safety group at Herbert Smith Freehills. Prior to joining Herbert Smith Freehills, Catherine worked in the equivalent teams of Lander and Rogers and the Australian Government Solicitor. She started her legal career as an associate to the Honourable Justice Jessup of the Federal Court of Australia. Catherine has experience working in-house and prides herself on her commerciality and strategic thinking.

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Workplace Law Conference: Managing Risk, Resolving Disputes

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All Sessions
Thursday, 18 March 2027
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Thursday, 18 March 2027
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Thursday, 18 March 2027
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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