ACLCA is committed to delivering our membership accessible and continuing learning opportunities as we navigate COVID-19. Consistent with this approach, we have secured a FREE learning opportunity in ADDITION to the current Covid-friendly series of modules.
Members of ACLCA Victoria have been invited to attend a half day Masterclass kindly hosted by ACLCA Western Australia:
- Report Writing and Contracts (risk management context only).
- This Masterclass targets mid to senior professional levels and as such is not intended to replace Victoria's CPD Module 9 (which will be offered in early 2021 and will focus on report writing skills and legal risk component - targeting junior to mid-level professionals).
This half-day masterclass, to be presented by Kyra Reznikov of Finlaysons, will work through legal and contractual risks for the site contamination industry associated with report writing and client contracts. The course will include lectures, case studies and group work-shopping and will be aimed at project manager, senior and principal level site contamination professionals.
Kyra has presented this both for ALGA and ACLCA in South Australia, and due to both the large turnout in numbers and great reviews, was supported by ACLCA SA for presentation in other states due to its national relevance to the industry.
In general, the final deliverable for site contamination investigations is a report that details the investigation undertaken and its findings, including the potential risks to human health and/or the environment associated with the site. Reporting investigation findings and communicating potential risks in a way that can be clearly understood by both technical and lay people (including clients, regulators, purchasers, developers and financiers) is fundamental to our roles as site contamination professionals. Failure to communicate appropriately can have significant legal, financial and reputational consequences. This part of the course will cover risks and management techniques for reporting including:
- Misleading and deceptive conduct in report writing;
- Clarity of language; and
- Third party reliance on reports.
As an industry, the work we undertake is often at the request of a client, pursuant to a contract of engagement. Contracts might be negotiated or based on standard terms. Understanding key terms and conditions on contracts could help us make better informed decisions both in tendering and prior to signing along the dotted line. This part of the course will include:
- Key contract terms – what they mean and how to use them (including complete agreement, order of precedence, change / variation, confidentiality, Force Majeure, law of the contract and jurisdiction, termination, limitations of liability, indemnities and best endeavours / reasonable endeavours);
- Implied contract terms;
- Battle of the Forms’ and work at risk; and
- Tips and tricks for scoping and tendering for work.
Participants will be encouraged to provide examples or specific queries in advance that can be incorporated into the workshop.
Kyra Reznikov is the head of Finlaysons’ Environment, Climate Change and Planning practice and has degrees in Chemical Engineering and Law. She is recognized as a leading environmental lawyer in Adelaide and was named by Best Lawyers Australia as ‘Lawyer of the Year – Planning and Environmental Law in South Australia’ in April 2018.
Kyra regularly works with and advises site contamination consultants regarding legal obligations, report writing and contract negotiation. She has presented numerous seminars and training sessions to the site contamination industry and has taught law to engineering students at the University of Adelaide since 2009.
Target Audience: Senior professional levels, where added knowledge in managing legal risk will be useful (e.g. contract management and reporting).
Date: Friday 23 October 2020 (please note this is a Vic public holiday)
Time: 12pm-4:30pm (AEST) - later than the WA advertised event due to 3hr time difference between Vic and WA
Venue: Webinar via Microsoft Teams (online)
Cost: Free (members only)
Registration: Please register individually via the ACLCA WA Events page: https://aclca.org.au/wa-events
Please note, that this course date has been secured by ACLCA WA earlier this year and may not suit some Victorians as it happens to fall on a Victorian public holiday
An email with the Microsoft Teams link and presentation will be sent out a week in advance to registered individuals.