Explain That by Velocity Legal

3C - Strategies and Preparations for Successful Mediation

In this concluding episode, Andrew Henshaw and Theresa Zumbo discuss strategies and preparations for successful mediation in family law financial settlements. They reflect on insights from David Riddiford, covering topics like the aftermath of unsuccessful mediations, strategies for making compelling offers, and the importance of preparation and realistic expectations. The episode highlights the intertwined nature of parenting and financial issues in mediations and the need for a comprehensive approach. Theresa shares her experiences, emphasising the importance of client preparation, managing expectations, and the critical role of professional advice well prior to the mediation date in achieving successful mediation outcomes.

3B - The Dynamics of Private Family Law Mediations

This episode shifts to David Riddiford’s current role as a private mediator. He details the mediation process, contrasting it with the formal court conciliation process. Key themes include the importance of client preparation and understanding the mediation's goals, as well as the crucial role of affidavits and comprehensive instructions in the legal process. The episode also touches on the impact of litigation costs on mediation and the unique challenges of business valuation in family law cases. David Riddiford provides insights into the mediator's role, highlighting the need for thorough preparation, realistic goal-setting, and considering the ongoing relationships in family law cases, especially when children are involved​​.

3A - Understanding the Role of Mediation in the Court Process

This episode provides an overview of mediation in the family law court system. David Riddiford, with his extensive experience as a former Family Court Registrar, discusses the responsibilities and decision-making processes of Registrars. This episode highlights the importance of thorough preparation for mediation and the nuances of the court’s involvement in financial settlements, offering invaluable insights for both legal professionals and individuals navigating family law.

2C - Employer Liabilities and Real-World Scenarios

The final episode examines the liability of employers in cases where new employees misuse confidential information. Through hypothetical scenarios, the hosts illustrate how new employers can inadvertently become entangled in legal disputes. They discuss strategies for proving misuse, such as subpoenas and discovery, highlighting the difficulty in drawing a line between lawful and unlawful use of confidential information. The episode concludes with insights into potential damages and outcomes in legal battles over confidential information misuse.

2B - Legal Recourse and Remedies for Information Misuse

This episode dives into a case study which discusses the legal remedies available when confidential information is misused. The hosts discuss the complexities of proving misuse and the significance of immediate legal action. They outline the legal consequences under contract law, equity, and statutory duties, particularly focusing on sections 182 and 183 of the Corporations Act. The episode emphasises the intricate process of calculating damages and the challenges involved in proving a direct link between misuse and loss.

2A - Understanding Confidential Information and Legal Protections

The first episode introduces the concept of confidential information in the workplace, distinguishing between trade secrets and know-how. Jess Hill and Andrew Henshaw discuss the critical role of employment contracts in defining and protecting confidential information. They explore various legal frameworks, including contract law and equity, that address the misuse of such information. The episode highlights the importance of swift legal action, like injunctions, to prevent further misuse.

1C - Future Opportunities and Challenges for Startups

The final episode shifts focus to the broader landscape of opportunities and challenges facing Australian startups. Andrew and Robert touch on legislative changes affecting startups and how these may impact them where they implement employee share schemes or seek early stage innovation company incentives. They also discuss some of the opportunities that may arise through international expansion by startups and engaging in deeper overseas markets. The episode concludes with insights into the evolving startup ecosystem, highlighting the roles of venture capital firms and the importance of regulatory compliance in shaping the future of startups.

1B - Capital Raising and Investor Engagement

Delving into capital raising, this episode presents a case study of a technology startup seeking to raise $5 million. The discussion focuses on the key elements that startups need to consider as part of the capital raising process, including preparing for investment, identifying the right investors, and the legal requirements that must be complied with to secure funding. Andrew and Robert explain different investor categories, such as sophisticated and wholesale investors, and the relevance of legal documentation such as term sheets, subscription agreements, and shareholders agreements. They emphasize the importance of protecting confidential information including as part of the due diligence process, and typical negotiation dynamics between startups and potential investors.

1A - Legal Basics and Foundations for Startups

This episode introduces some of the key legal considerations for startups and founders. Robert and Andrew emphasise the importance of setting up an appropriate corporate structure, governance and decision-making, IP protection, contract management, and compliance. Some of the key discussion points include the significance and importance of shareholders' agreements, the critical issue of protecting IP and the necessity of drafting comprehensive contracts with customers and suppliers. The episode also highlights how adhering to the corporations law and industry-specific regulations is crucial for startups and risk management more broadly.