Commercial Litigation Conference 2021
213N20: Gain high level updates & strategies related to the key areas commercial litigators need to be on top of in 2021. Master how to navigate insolvency disputes. Examine game changing defamation law reforms. Explore how to handle the onslaught of insurance litigation following COVID-19. Be prepared for the many consumer law claims facing litigators right now. Understand contract termination disputes. Gain your core CPD points while examining case valuations, ethics, & working with experts.
Description
Attend the full day and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
The 5 Key Legal Issues for Commercial Litigators in 2021
Chair: Vera Culkoff, Barrister, Second Floor Selborne Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Disputes Arising from Insolvency and the Impact of the Latest Reforms
- Implications of the COVID-19 reforms, including the new small business restructuring and liquidation processes, extension of safe harbour protections, and restrictions on creditor’s rights
- Trends and recent developments in external administrations, including voidable transaction claims, public examinations and creditor’s claims
- Analysis of some of the most current decisions affecting litigation arising from insolvency
Presented by Kevin Andronos SC, Eleven Wentworth
9.50am to 10.35am Significant Defamation Law Reforms: The Key Takeaways for Commercial Litigators
- The new ‘Serious Harm’ threshold test
- The new mandatory Concerns Notice
- The new defences of Public Interest and Peer Review
- Changes to the limitation period: when it commences and flexibility in extending it
- Clarification of previously problematic matters including:
- The ‘employee’ test
- Pleading back of contextual truth imputations
- Proper Material for the Honest Opinion defence
- Application of the cap on damages as a scale, or range
Presented by Sophie Dawson, Partner, Bird & Bird; Leading Technology, Media & Telecommunications Lawyer and Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2020
10.35am to 10.50am Morning Tea
10.50am to 11.35am Insurance Litigation in Response to COVID-19
Courts in New South Wales have seen a flurry of COVID-related insurance claims. In this session you will canvass the main claims and analyse the fundamental issues being argued by insureds and insurers on business interruption claims and more.
Presented by Ray Giblett, Partner, Norton Rose Fulbright Australia; Recommended Professional Indemnity Lawyer, Doyle’s Guide 2020; Best Lawyers 2021, Litigation, Insurance Law and Alternative Dispute Resolution and Tim Chan, Associate, Norton Rose Fulbright Australia
Prepared by Ray Giblett, Partner, Norton Rose Fulbright and Andrew Gray, Chief General Counsel Aon Reinsurance APAC, Associate General Counsel Commercial Risk Global
11.35am to 12.20pm Consumer and Competition Law Update
- ACCC compliance and enforcement priorities for 2021 including:
- Misleading or deceptive conduct: websites, social media, digital advertising (including testimonials)
- Statutory consumer guarantees, unfair contract terms and relationship with misleading or deceptive conduct
- Review of significant cases and legislative developments in competition and consumer law in the past year (together with a refresher on the related provisions of the Competition and Consumer provisions)
Presented by Ayman Guirguis, Partner, K&L Gates; Best Lawyers 2021, Competition Law
12.20pm to 1.05pm Contracts: To Terminate or not to Terminate?
- Rights to terminate
- The risks in exercising the rights
- The process to exercise the rights
- Disputes about termination
- Calculating damages for termination
Presented by Amy Barwick, Partner, Dentons
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Compulsory Units for Litigators
Chair: Christine Ernst, Barrister, Tenth Floor Chambers
Professional Skills
2.00pm to 3.00pm Valuation Issues in Case Law
- Summary of findings from 100+ judgments
- Deep dive into the most common valuation issues, including:
- Definition of value: value is in the eye of the beholder
- Valuation methodologies: What has been accepted, what has been rejected?
- Discounts: When are they applied?
- Hindsight: Is it okay to look back?
- Tips for instructing valuation experts
Presented by John-Henry Eversgerd, Senior Managing Director, Valuation & Litigation Consulting, FTI Consulting
Ethics & Professional Responsibility
3.00pm to 4.00pm Critical Ethical Issues in Litigation
Examine 4 ethical dilemmas for legal practitioners through practical examples and case studies.
- Professional rules relating to the duty to be courteous
- Ethical dilemmas and the duty of candour
- Following client instructions
- Ethical issues and the court process
- Consequences when conduct falls short of the standards required
Presented by Paul Sansom SC, Waratah Chambers
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Engaging and Working with Experts, Consultants, & Other Third-Parties: Effective Results without Wasting Time & Money
- When to get an expert, how to find one, defining their role, and working alongside them
- Use of technology and document management when working with experts
- The different roles of an expert: fact finder, independent expert (opinion evidence), financial data analyst
- Multidisciplinary teams and multiple experts: data, technology & disputes
- Briefing experts, expert reports, the joint expert process and joint reports, and expert evidence
Presented by John Temple-Cole, Partner and Anh Nguyen, Executive Director, KordaMentha
Presenters
Vera Culkoff
Vera Culkoff joined the Bar in late 2000. Vera’s practice is primarily in commercial litigation (with an emphasis in building and construction disputes) and estate litigation including probate and family provisions disputes. Vera graduated from UTS with First Class Honours and the University Medal. Before coming to the Bar, Vera was an equity partner with Maurice Blackburn Cashman and Cashman & Partners. Prior to that she was a solicitor with Clayton Utz for 4 years. Vera has lectured widely in building and construction law at various seminars and workshops, as well as chairing Seminars. She has also been regularly involved in mentoring programs for women.
Kevin Andronos SC
Prior to coming to the Bar in 2000, Kevin was a litigation partner in a prominent commercial law firm. Kevin was appointed Senior Counsel in 2014. He has advised and appeared in many mediations, private commercial arbitrations and proceedings for urgent interlocutory relief, including in obtaining freezing orders, restraining breaches of non-, compete obligations, the urgent appointment of receivers and injunctions. He has a broad commercial practice, including in contractual disputes, equity and trusts, intellectual property, real property claims, ICAC hearings, commissions of inquiry and applications under the Corporations Act and Competition and Consumer Act.
Sophie Dawson
Sophie Dawson's clients value her strategic approach to advising on a wide range of contentious and advisory matters within the media and technology sector. Sophie is a partner in the Sydney office, and head of the Disputes practice in Australia. She specialises in media and technology advice and disputes, including data protection and publication laws. Sophie works closely with the Technology and Communications group, as well as the Intellectual Property team. With over 23 years' experience, Sophie acts on a wide range of disputes work within the media, telecommunications and information technology sectors.
Amy Barwick
Amy is a partner in the Litigation and Dispute Resolution practice. Amy has a wealth of experience in commercial litigation, and focuses her practice on proceedings in the District and Supreme Courts of New South Wales as well as the Federal Court of Australia. She has a strong knowledge of banking and finance matters including enforcement disputes regarding registered and unregistered mortgages as well as security interests arising pursuant to the Personal Properties and Securities Act 2009 (Cth). She has also dealt with various matters concerning misappropriation of moneys, contractual disputes, FOS and regulatory complaints as well as unjust enrichment proceedings.
Christine Ernst
Christine Ernst was called to the Bar in 2019. She has a broad practice, representing both commercial and government clients in the Supreme Court, Federal Court and High Court. Before being called to the Bar, Christine was Counsel Assisting the Solicitor-General of the Commonwealth. Christine has previously practised as a Lawyer at Allens specialising in commercial litigation and competition and consumer law, and as a Senior Legal Officer in the Commonwealth Attorney General’s Department. She was also an Associate to the Honourable Justice Susan Kiefel AC of the High Court of Australia.
John-Henry Eversgerd
John-Henry is a Senior Managing Director in the Forensic Litigation Consulting segment and leads the valuation advisory team in Sydney. He has over 20 years of experience assisting clients with disputes, litigation, transactions, strategy, and their financial reporting and tax requirements. John-Henry specialises in loss quantification and the valuation of shares, businesses, intellectual property, contracts, debt, derivatives and other investments. He has valued businesses and investments located in Australia, New Zealand, Asia, North America, South America, the United Kingdom, and Europe. John-Henry regularly provides expert evidence for court, mediation and arbitration.
Paul Sansom SC
Paul has had a wealth of experience both within the Family Law Jurisdiction where he now practices exclusively (at trial and appellate level) and previously where he practiced widely in other areas such as crime, common law, equity, commercial, workers’ compensation and conveyancing, as a Solicitor from 1983 in both Sole Practice and as a Family Law Partner in a large suburban firm. Paul was called to the Bar in 1993. Paul has for many years been a regular presenter of papers at various seminars and a co-author of the College of Law’ Advocacy syllabus within the Masters of Law course. Paul was appointed Senior Counsel in 2015.
John Temple-Cole
John is a partner in our forensic group, and leads our Sydney forensic team. He is a CA Forensic Accounting Specialist, and has over 24 years’ experience in the field of forensic accounting. He specialises in large scale and complex financial investigations and disputes relating to quantification, loss of profit/damages, and accounting irregularities. He has led numerous engagements requiring careful project management. John has given evidence in a range of Australian Courts and tribunals, the High Court of Singapore and in domestic and international arbitration proceedings.
Anh Nguyen
Anh specialises in providing forensic accounting, financial advice and valuation services to clients. He has over a decade of professional experience working with clients on forensic accounting, quantification of damages, class actions and commercial disputes involving valuation and tax issues. Anh has been involved with the preparation of expert witness reports submitted in various Supreme Courts across Australia and the Federal Court of Australia. He is also a co-author of the Forensic Accounting chapter in Expert Evidence a leading Australian textbook on expert witnesses and a Business Valuation Specialist with Chartered Accountants Australia and New Zealand
Ray Giblett
Ray is an insurance lawyer with over 20 years' experience. He is recognised as one of Australia's leading insurance lawyers in Chambers Asia Pacific, Legal 500, Best Lawyers (2013 Sydney Insurance Lawyer of the Year) and Euromoney's guide to the World's Leading Insurance and Reinsurance Lawyers. He is known for both his expertise and commerciality. Ray has extensive experience in both non-contentious and contentious insurance matters, advising across the full spectrum of insurance issues ranging from major transactions, distribution, compliance and complex reinsurance structures to some of Australia's largest insurance and reinsurance disputes.
Tim Chan
Tim is a corporate risk and insurance lawyer based in Sydney. He works with corporates, banks, insurers and new ventures on various risk allocation and insurance issues, including for major infrastructure projects. He regularly advises companies and boards on the adequacy of their insurance cover and has also worked in a global insurer’s in-house legal team, responsible for their regulatory compliance and commercial contracting. Tim takes a keen interest in insurance innovation and disruptors and is also an ANZIIF certified insurance professional.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia