Commercial Litigation Conference 2021: Reforms and Developments
213Q14: Gain high level updates & strategies related to key areas for commercial litigators following so many recent reforms. Master how to navigate insolvency disputes. Examine game changing defamation law reforms. Be prepared for the many corporate litigation & director’s liability claims facing litigators right now. Explore how to handle consumer law and misleading & deceptive conduct claims. Gain your core CPD points while examining case valuations, privilege, & litigation costs.
Description
Attend the full day and earn 7 CPD units including:
4 CPD units in Legal Knowledge
1 CPD unit in Practical Legal Ethics
1 CPD unit in Practice Management & Business Skills
1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
The 4 Key Legal Issues for Commercial Litigators in 2021
Chair: Madelaine Luchich, Barrister, North Quarter Lane Chambers; Leading Mediator and Recommended Commercial Litigation & Dispute Resolution and Insolvency & Restructuring Junior Counsel, Doyle’s Guide 2020
9.00am to 10.00am 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 Morgan Clarke, Barrister, Level 17 Chambers
10.00am to 11.00am Changes to the Uniform Defamation Law
- 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 Alex Nelson, Barrister, Sir Harry Gibbs Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Director’s Liability, Corporate Litigation & the Latest Disputes
- Changes to the regulatory environment: navigating increasingly litigious regulators and the rise in penalties in regulatory litigation
- Evolving areas of liability
- Environmental, social and governance trends and the related disputes
- Case law update
Presented by Sarah Davies, Director, Sarah Davies Legal; Accredited Specialist in Commercial Litigation
12.15pm to 1.15pm Consumer Law Case Update and Misleading & Deceptive Conduct Claims
- Consumer law update
- The latest cases and developments
- Maximising prospects of successful trial or settlement in consumer law and misleading & deceptive conduct litigation
- What to be aware of in particularising a claim
- Common errors in identifying the misleading conduct
- The role of reliance in misleading and deceptive conduct claims
Presented by Joseph M Manner, Barrister, Level 18 Chambers
Session 2
CPD Mandatory Core Areas for Commercial Litigators
Chair: Paul McQuade QC, Level Twenty Seven Chambers; Preeminent Insolvency & Restructuring Senior Counsel, Doyle’s Guide 2020
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
Practical Legal Ethics
3.00pm to 4.00pm Privileges Update: Expert Reports and Witness Statements
- Practical tips for avoiding waiver of privilege
- Final vs draft reports and statements
- Partial and inadvertent disclosure
- Recent case update
Presented by Nola Pearce, Barrister, Level Twenty Seven Chambers; past Chair of the Queensland Law Society’s Ethics Committee; contributing editor, Queensland Law Society’s first edition commentary to the Australian Solicitors’ Conduct Rules
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Cost Agreements and Billing: Strategies for Litigators
- Managing files to optimise costs: best practices and common mistakes
- Solicitor/client costs: complying with all requirements and the consequences of non-compliance
- Cost compliance issues in multi-jurisdictional practices
- Crash course in costing: costs orders and an overview of costs assessments
Presented by Stephen Hartwell, Barrister, Briggs Lane Chambers
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00
Presenters
Madelaine Luchich, Barrister, North Quarter Lane Chambers
Prior to being called to the Bar in August 2005, Madelaine Luchich spent 14 years as a solicitor practising almost exclusively in commercial litigation and insolvency. From 2001 to 2005 she was a Partner with a national legal firm practising in the Insolvency and Commercial Litigation division of that firm. On commencing practice at the bar Madelaine continued her commercial litigation and insolvency practice advising on and appearing in a wide range of matters and proceedings concerning banking, financial services, property, personal and corporate insolvency, director and shareholder disputes and professional negligence claims.
Morgan Clarke, Barrister, Level 17 Chambers
Morgan Clarke practices primarily in commercial litigation and regulatory matters. He graduated from the University of Queensland in 2012 with a Bachelor of Laws and Bachelor of Commerce (Finance).
Alex Nelson, Barrister, Sir Harry Gibbs Chambers
Alex Nelson is a barrister practising primarily in defamation litigation but he has maintained a part of his practice in criminal law jury trials and sentencing in the superior courts. He has more than 20 years of experience in the law, commencing as a full time Army Legal Officer before moving into private practice as a solicitor in a commercial law firm. That was followed by 8 years as principal of his own law firm undertaking work in commercial litigation, crime, and family law. He was called to the bar in 2010 and since that time he has enjoyed great success in commercial litigation, criminal law and defamation.
Sarah Davies, Director, Sarah Davies Legal
Sarah Davies is a director of Sarah Davies Legal Pty Ltd, and specializes in commercial litigation for clients involved in agribusiness, financial services, property development and building & construction matters. She is an accredited specialist in commercial litigation, having received the highest achievement award when she completed her accreditation in 2010. She has experience with disputes involving commercial contracts, property transactions, joint ventures, corporations, trusts and managed investment schemes, public offer documents and issues relating to the provision of financial services. Sarah also chairs the board of a mutual banking institution.
Joseph M Manner, Barrister, Level 18 Chambers
Joseph Manner is a commercial barrister practising in Sydney and Brisbane appearing regularly in commercial matters in all jurisdictions with a particular practice focus upon consumer law, construction, property development, planning and environment, insolvency, equity, defamation and mediation/arbitration. Joseph regularly present seminars in substantive law and has authored a number of research papers on these topics. He has undergraduate and postgraduate qualifications in law, economics and planning, is an accredited mediator and arbitrator and regularly advises state and federal government procurement, governance and probity matters.
Paul McQuade QC, Level Twenty Seven Chambers
Considered "not only technically brilliant, he is also easy to work with", Paul McQuade QC is noted as being "the leader in Queensland on insolvency matters" by Chambers & Partners Asia Pacific 2019. Beyond corporate and personal insolvency, Paul's commercial litigation practice also focuses on banking and finance, competition and consumer law, corporate law, contract law, equity, partnerships, property, securities and trusts. Paul draws on the skills he developed as a Chartered Accountant to assist clients on factually and legally complex matters.
John-Henry Eversgerd, Senior Managing Director, Valuation & Litigation Consulting, FTI Consulting
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.
Nola Pearce, Barrister, Level Twenty Seven Chambers
Nola Pearce has nearly twenty years’ experience formerly as a solicitor and now as a commercial barrister ‘ in successfully defending professional negligence claims and conduct charges against barristers, judges, solicitors and a range of medical, financial services and construction professionals. She is often called on to advise professional regulatory authorities, and presently is involved in advising major insurers and government entities about insurance and ethics issues in the post-Royal Commission sphere. Nola excels in conducting civil litigation with strategy and efficiency, across her key practice areas of professional liability and disciplinary proceedings, contractual and consumer law disputes, insurance, negligence, review of administrative decisions, commissions of inquiry and inquests.
Stephen Hartwell, Barrister, Briggs Lane Chambers
Stephen Hartwell commenced working in the legal profession in 1987. Stephen practiced as a solicitor for 26 years before going to the Bar in 2016.Prior to going to the Bar, Stephen was the principle of Hartwell Lawyers and the Director of Hartwell legal Costs. He has a broad range of experience covering commercial and property law, mortgage and finance law, commercial litigation, criminal defence, family law, wills and estates, admiralty and marine construction law, the law of legal costs and isciplinary proceedings. Stephen was appointed in 1998 by the Solicitors Complaints Tribunal pursuant to the provisions of the Queensland Law Society Act 1952 as a costs assessor to the tribunal. In 2007 he was appointed to the Courts interim panel of costs assessors to conduct costs assessment pursuant to Practice Direction 7 of 2007 and in December of that year he was appointed pursuant to rule 743 UCPR to the Courts panel of costs assessors.