CA4 (Substantive Law)
This is Piddington’s online CPD library for substantive law. These sessions cross a range of areas with local and national practitioners providing their insight.
If you are looking for other online CPD sessions click the following:
Please note:
Some sessions were recorded before the current CPD year. In accordance with Legal Profession Uniform Law Application Act (2022), Legal Profession Uniform Continuing Professional Development (Solicitors) Rules (2015) and Legal Profession Uniform Continuing Professional Development (Barristers) Rules (2015), the sessions and questions are regularly reviewed for relevance, and changed or deleted where appropriate.
Unless otherwise marked, all of our sessions are considered “interactive”.
Rule of Evidence - When don’t they apply?
Commissions and tribunals are not bound to apply the rules of evidence in the same way as courts. In some matters the rules do not apply at all.
It can be confusing to understand when and how they apply.
This session involves presentations from his Honour Judge Henry Jackson (Deputy President, State Administrative Tribunal) and Commissioner Toni Emmanuel (WA Industrial Relations Commission) about the application of the rules, including the context as to why commissions and tribunals have been created in the way they have been, clarifying their use across multiple jurisdictions and understanding the application of practice directions and case law on the matter.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2024 and 31 March 2025.
Roder – The Right Way
Director of Public Prosecutions v Benjamin Roder (a pseudonym) [2024] HCA 15 was delivered by April 2024 and considers important issues related to cross-admissibility applications, propensity evidence, jury directions and tendency evidence, particularly in relation to sexual offences.
In this session, the Hon Justice Sam Vandongen (Court of Appeal until December 2024; Federal Court of Australia from December 2024) and Senior State Prosecutor Gemma Beggs discuss the case and key issues for prosecution and defence lawyers. Justice Vandongen speaks to the background of the case, the reasoning and jurisprudence. Ms Beggs speaks to issues relating to the application of the decision, particularly on applications that may be brought by the State, the types of directions judicial officers should give and what issues practitioners should be looking out for in light of this decision.
CPD points: 1 CA4 (Substantive Law).
Recorded between 1 April 2024 and 31 March 2025
Small to Medium Construction Adjudications: SAT or District Court, Where Should I Start?
Small to medium sized construction disputes are tricky matters to resolve cost-effectively. This session is led by Clinton Russell (Francis Burt Chambers), he is joined by Tania Jeyamohan (then District Court of Western Australia) and Scott Ellis (Francis Burt Chambers).
This session will consider construction adjudications under the Building and Construction (Security of Payment) Act 2021 (WA), both adjudication and adjudication review processes.
The speakers will also consider enforcement of determinations and applications pursuant to s27 of the Act where either no response is received to a payment claim or a payment schedule provides for a payment, and the jurisdiction and processes for claims at the District Court of Western Australia and State Administrative Tribunal.
CPD points: 1.5 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Piddington AI Program
The expanded use of artificial intelligence is having a profound impact on the profession. With practice directions from the Courts, new platforms and yet-to-be answered questions about how to govern and manage AI law firms, Piddington has decided to create the Piddington AI Program.
In consultation with the profession, judiciary and technical experts, the Piddington AI Program covers what goes into AI and how it works, the tools practitioners and firms are using today and how AI can be governed and managed in a legal workplace.
All sessions in the Piddington AI Program were recorded between 1 April 2024 and 31 March 2025.
How AI works - CPD: 0.5 points in CA1 (Practice Management) and 0.5 in CA2 (Professional Skills)
How to use AI: Angus Lang SC (NSW Bar) is a leading legal practitioner and sought-after contributor on intellectual property law and AI, addressing developments in Australia and Europe. Katherine Thomas (CIE Legal) is an expert in the business of law.
Mr Lang considers issues related to practice management and the application of AI, while Ms Thomas considers the options for AI in the operations of a law firm and legal practice.
CPD: 0.5 points in CA1 (Practice Management) and 0.5 in CA4 (Substantive Law)
Ethical and governance considerations - CPD: 1 point in CA3 (Ethics and Professional Responsibility)
Data management - trends and issues
Data management is a big and complex topic, with new regulatory and legislative developments impacting organisations and individuals.
Professor Ed Santow (Human Technology Institute, University of Technology) is a former Australian Human Rights Commissioner who has spent more than a decade investigating issues related to privacy. He is an expert adviser on a range of government and industry boards. Clare Mould (Corrs Chambers Westgarth) is a senior lawyer focused on intellectual property, privacy and data, advising clients on matters including ownership and commercialisation.
Professor Santow considers the macro landscape and policy developments while Ms Mould speaks to practical issues facing clients and law firms.
CPD points: 0.5 CPD points in CA1 (Practice Management) and 0.5 CPD points in CA4 (Substantive Law).
Recorded between 1 April 2024 and 31 March 2025.
Mentally Impaired Accused - Perspective from policy-makers and practitioners
The Criminal Law (Mental Impairment) Act 2023 saw an overhaul of the management and treatment of people with mental impairments in the justice system. With a focus on the human rights of these individuals and procedural fairness, the Act saw changes to powers of the judiciary, processes of custody orders, appeals procedures and the establishment of a new Mental Impairment Review Tribunal, amongst others.
This session brings together Marion Buchanan (who was the Principal Policy Adviser to the WA Attorney General during the development of the laws) and Craig Astill, who was then a barrister and now a Judge.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
To appoint or not to appoint – When should you consider the appointment of referees and assessors?
In this session, the Hon Justice Jenni Hill considers the appointment of assessors and referees in construction matters.
Her Honour notes that the WA Supreme Court has not embraced the use of referees and has, to my knowledge, appointed an assessor on only one occasion. This is in contrast to the practice in most other superior courts where, particularly in the commercial list of the Supreme Court of New South Wales, referees are appointed on a regular basis, including to hear what is, in effect, the entire dispute.
Her Honour considers the history of referees, legislation and case law, the difference between referees and assessors and what to consider when seeking to appoint one, amongst other issues.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Wee the People: Vicarious liability today
Kate and Tom Offer consider the developments in vicarious liability in recent years.
Focusing on a series of High Court and appellate decisions, including Prince Alfred College Incorporated v ADC [2016] HCA 37, CCIG Investments Pty Ltd v Schokman [2023] HCA 21 and Bird v DP (a pseudonym) [2024] HCA 41 (though this session was before the decision was handed down).
They consider the history of vicarious liability and where the current issues are.
CPD points: 0.5 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
The Right to Disconnect: Issues for lawyers and clients
As part of a sweep of changes to the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 has created a “right to disconnect”. This “right”, and its enforcement regime, will be contained in a New Division 6 to Part 2-9 of the FW Act. It will comprise of about five significant new statutory provisions, and a handful of relatively bespoke exemption provisions, that will be construed by decision-makers, debated by lawyers, and applied in practice by employees and employers.
Barrister Justin Pen walks through the law with consideration generally and that for lawyers and legal practices.
CPD allocation: 0.5 in CA1 (Practice Management), 0.5 in CA4 (Substantive Law).
Recorded between 1 April 2023 and 31 March 2024.
Tax Deductions for Lawyers and Legal Practices
For lawyers and legal practices, every year around tax time we need clarifications and want to know what can be deducted. We usually need to be more on top of it than before June 30 comes around.
Joshua Haque (Pitcher Partners) will provide a presentation and answer questions on this topic. He will cover everything from what you can cover as an individual lawyer, including CPD/training, your home office and more, through to options for practices to maximise your spend.
CPD points: 0.5 CA1 (Practice Management), 0.5 CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
O'Dea v Western Australia: The after party
A landmark decision for criminal lawyers, which was in relation to multi-accused offences and clarified the use of sections 7 and 8 in the Criminal Code (WA).
Join her Honour Mara Barone SC (District Court of Western Australia) and Robert Owen (Director of Public Prosecutions) as they consider the decision and explore how this affects cases moving forward and the need to address party liability in trials.
CPD allocation: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
Bullying and sexual harassment jurisdiction of the WA Industrial Relations Commission
Commissioner Toni Emmanuel and Nikita Barsby (MDC Legal) go through developments and changes in the law relating to sexual harassment and bullying generally. They clarify the role of the WAIRC and when to engage in proceedings.
CPD allocation: 0.5 points in CA1 (Practice Management) and 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
Snapchat, disappearing and encrypted message platforms as evidence
The Hon Justice Sam Vandongen (Court of Appeal) and Elly Sturgeon (Corrs Chambers Westgarth) work through issues relating to disappearing message platforms.
Ms Sturgeon provides an overview of the technology and general terms and conditions of platforms. Justice Vandongen outlines the law relating to the technology and how it can be used as evidence.
CPD allocation: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
A View From The Bench - Chief Justice of the Federal Court, the Hon Justice James Allsop AO
Chief Justice Allsop explores the role of the Federal Court of Australia in the Australian court system, and offer reflections on the past and point to the future of the Court. The Chief Justice will offer remarks and engage in a Q&A with the audience on topics of interest to them.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
Trans and Non-binary Issues in the Law
The LGBTQIA+ community in Australia has taken large strides towards equality in recent years. With the spotlight shifting away from marriage equality, the treatment of transgender and non-binary people has gained more attention.
This is a discussion of recent developments in the law in Western Australia and Australia, with a focus on the legal process for changing one’s gender.
This session is chaired by Tom Durkin who is joined by Steven Penglis SC (Fourth Floor Chambers) Robin Cohen (as her Honour then was) and Misty Farquhar OAM (Curtin University). This conversation will highlight where future reforms might lie.
CPD points: 1 in CA4 (Substantive Law).
Recorded between 1 April 2021 and 31 March 2022.
Without Fear or Favour, Justice Sarah Derrington
In this speech The Hon Justice Sarah Derrington, President of the Australian Law Reform Commission, considers their inquiry into judicial bias. Amongst other reflections, her Honour outlines the recommendations made to the Federal Government.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
The role of the master
Master Craig Sanderson (Supreme Court of Western Australia) provides an overview of the functions and remit of the Master of the Supreme Court and how practitioners can better use and engage with this are of the Court.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
Reading Financial Documents - Issues for Litigation
In litigation, financial documents take on a new dimension with consideration to case theory, strategy and whether litigation will meet client goals all come into play.
That is why we have our next financial documents CPD session focused on litigation. Kim Lendich SC (Francis Burt Chambers) will cover how to approach and consider financial documents in litigation and the courtroom while Rhiannon Clews (Pitcher Partners) will consider analysing structures, statements, financial information and preparation of financial reports.
CPD points: 0.5 in CA2 (Professional Skills) and 0.5 in CA4 (Substantive Law).
Recorded between 1 April 2021 and 31 March 2022.
Legal and policy responses to climate change
Join the Hon Michael Barker QC, Zoe Bush and Katharine Mackenzie as they discuss legal and policy developments regarding climate change and how they are impacting the community and business.
Consideration is given to the arc of the development of this area of law, current issues in the area and policy and regulatory responses to climate change.
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
Body worn camera evidence
Since their introduction, body worn cameras have become a unique tool of the police.
In this session, consideration will be given to issues including the admissibility of body worn camera footage in court, relevance of the footage in trial, how it can be helpful, admissibility of admissions made to police wearing body worn cameras and other considerations of body worn cameras.
Speakers: Magistrate Genevieve Cleary, Lisa Boston (Francis Burt Chambers), Rebekah Sleeth (Albert Wolff Chambers).
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2021 and 31 March 2022.
Directors’ duties for non-profits
Chris Pearce (Blackwall Legal) provides a comprehensive overview of directors' duties for non-profits. He is followed by a panel discussion with Henry Jackson SC, Gemma Nugent and Curtis Ward, three lawyers who serve on community and non-profit boards.
CPD points: 0.5 points in CA3 (Ethics and Professional Responsibility); 1 point in CA4 (Substantive Law).
Recorded between 1 April 2021 and 31 March 2022.
Watch session here (attracts CPD points)
Watch session here (does not attracts CPD points)
DNA Evidence - a how-to guide
Sam Vandongen SC and Penny Cooper (PathWest) walk through how to use DNA evidence, what to expect when you receive it and what additional information should be requesting.
Mr Vandongen SC also considers courtroom application of DNA evidence and how to question it.
CPD points: 0.5 points in CA2 (Professional Skills); 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
RIGHTS, RESPONSIBILITIES AND RESPECT - SEXUAL HARASSMENT
With Kate Jenkins, the Commonwealth Sex Discrimination Commissioner, Kate Eastman SC, Matthew Howard SC, Libby Fulham (Legal Practice Board of WA) and Charmaine Tsang (HFW), this practical and engaging session offers lawyers an overview of the law around sexual harassment, what the regulator is doing on the matter in legal workplaces and what management can do.
CPD points: 0.5 CPD points in CA1 (Practice Management) and 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
Environmental law - Are we in an era of reform?
Henry Jackson SC, Lauren Butterly (Environmental Defender’s Office) and Robyn Glindemann (Lantegy Legal) explore current issues in environmental law, including reforms to Indigenous heritage matters and the direction of state and federal law and policy.
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2022 and 31 March 2023.
The Uniform Profession in practice with Libby Fulham and Russell Daily
Hearing from the Legal Practice Board and Legal Profession Complaints Committee about the uniform profession in practice as it relates to overall regulation and complaints. This session was recorded a few months after the the uniform profession came into effect, Libbt Fulham and Russell Daily consider the practice issues that have arisen.
CPD points: 0.5 CPD points in CA1 (Practice Management) and 0.5 CPD points in CA4 (Substantive Law)..
Recorded between 1 April 2022 and 31 March 2023.
Employment law in 2020
Daniel White (Mills Oakley) joins with Rachel Cosentino (Francis Burt Chambers) and Carla Vinciullo (Mason Ledger) to consider immediate issues in employment law, the structure of the system, the State Wage Case and hotspots for employers and managers alike.
CPD points: 0.5 points CA1 (Practice Management) and 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2019 and 31 March 2020.
MATTERS BEFORE THE CHILDREN’S COURT
Magistrate Wendy Hughes, Simon Freitag SC (as he then was) and prosecutor Clare Cullen share their experiences in the Children’s Court - what works and what doesn’t, engaging the client, telling their story and contextual factors that make an impact.
CPD points: 0.5 points in CA2 (Professional Skills) and 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
Perspectives on Discrimination Law
Ben Gauntlett, the Commonwealth Disability Discrimination Commissioner, and Penelope Giles SC consider direct and indirect discrimination and how courts consider these issues.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
In the house: Property and Family Law
This specialist session for both property and family lawyers will consider contemporary and long-standing issues so that each side can better work together.
This session has Shannon Davies (Stork Davies Legal Advisors) and Nicola Janson (O'Sullivan Davies) in discussion.
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2020 and 31 March 2021.
ACCRUED RIGHTS AND PLANNING LAW
His Honour Judge David Parry (State Administrative Tribunal) outlines accrued rights in planning law.
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
APPEAL RIGHTS IN PLANNING AND ENVIRONMENTAL LAW WITH JESS HAMDORF AND SAM LANDER
Jess Hamdorf and Sam Lander from the National Environmental Law Association explore appeal and review pathways in planning and environment law.
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
AUSTRALIA'S EMPLOYMENT SYSTEM WITH DANIEL WHITE
Daniel White considers the state of play and options for decisions in the Australian employment system.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
CAVEATS WITH SHANNON DAVIES
Property lawyer Shannon Davies considers caveatable interests and the purpose of caveats.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
ORIGINAL AND MERITS REVIEW JURISDICTION OF THE STATE ADMINISTRATIVE TRIBUNAL WITH THE HON JUSTICE JANINE PRITCHARD, PRESIDENT; SENIOR MEMBER MAURICE SPILLANE; AND, MEMBER FELICITY CHILD
Join the State Administrative Tribunal as they explain their role in original and merits reviews.
CPD points: 1 point in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
POST-EMPLOYMENT RESTRAINTS WITH THE HON JUSTICE LE MIERE
The Hon Justice Rene Le Miere considers contemporary decisions on post-employment activities.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
STRATA TITLE REFORMS WITH SCOTT BELLERBY
Scott Bellerby updates on strata title legislation changes.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.
TENANCY LAW AND DOMESTIC VIOLENCE WITH KATE DAVIS
Kate Davis walks you through updates to domestic violence provisions in rentals, as it concerns both landlords and renters.
CPD points: 0.5 points in CA4 (Substantive Law).
Recorded between 1 April 2018 and 31 March 2019.