Advanced Commercial Litigation Conference
Issues covered include: remedies, directors, officers, corporate litigation, shareholder disputes, commercial litigation, proportionate liability, defamation litigation, defamatory, cyber crime, cyber attack, mandatory data breach notification, privacy, litigation funding, class actions, ethics, ethical obligations
Description
Maintaining your knowledge when you reach an advanced level can be challenging. Finding programs that go beyond the basics to explore the nuances of litigating and allow you to learn from your peers is what needed to keep you ahead of the game. This conference gives you the option to obtain your CPD mandatory core area units in areas that are useful and practical at an advanced level.
Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This conference was recorded in QLD on 15 March 2019
Session 1
Commercial Litigation Hot Spots
Chair: Dr Christopher Crawford, Barrister, Level 10, Inns of Court
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: What’s at Stake? Recent Developments in the Law of Remedies
In every litigation, an essential question is, what is the plaintiff entitled to claim? You shall explore recent developments in the law of remedies and their implications for plaintiffs and defendants.
Presented by Liam Hennessy, Senior Associate, King & Wood Mallesons
9.50am to 10.35am: Directors, Officers and Corporate Litigation Update
- Hayne Royal Commission: its ramifications for corporate officers outside financial services
- What can be caught in litigation through the prohibition on provision of financial assistance to acquire shares?
- What pitfalls might result in exposure to liability?
- How exposure to, and extent of liability, might be contained
- Update on statutory derivative actions
- Shareholder disputes: access to corporate information
Presented by Simon Fisher, Barrister, Denning Chambers
10.35am to 11.20am: Commercial Litigation Update
It is not always possible to read and analyse all the decisions to keep up to date. This presentation will review for you recent significant commercial decisions.
Presented by Paul Favell, Barrister, Level 10 Inns of Court
Prepared by Kevin Andronos SC, Eleven Wentworth Chambers, Jenni Hill, Partner, Clifford Chance and Paul Favell, Barrister, Level 10 Inns of Court
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Proportionate Liability Update
- Single apportionable claims: High Court decisions Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd)
- Economic loss/damage to property: preconditions
- Contributory negligence and common law defences
- Significance for legal professionals
Presented by Michael Alexander, Barrister, Inns of Court
12.20pm to 1.05pm: Defamation Litigation: Keeping Pace with a Growing and Evolving Area
The rise in cases involving internet and online publications, poses challenges for existing defamation laws.
- The rise of the federal court as a defamation tribunal and pre-pleading applications
- High Court case involving the test for whether a published matter is capable of being defamatory
- Can search engines be the 'publisher' of results of searches performed by a user?
- Issues affecting summary dismissal applications
Presented by Ian Bloemendal, Partner, Clayton Utz; Leading Commercial Litigation & Dispute Resolution Lawyers, Doyle’s Guide 2018; Best Lawyers 2019, Alternative Dispute Resolution, Defamation and Media Law, Litigation, and Product Liability Litigation
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Mandatory Core Areas for Commercial Litigators
Chair: Ross Perrett, Partner, Clayton Utz; Preeminent Commercial Litigation & Dispute Resolution Lawyer and Recommended Arbitration Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Bet-the-Company Litigation, Government Practice and Litigation
Practice Management and Business Skills
2.00pm to 3.00pm: Protecting Your Practice from Cyber Crime
Commercial litigators hold valuable information that may be an asset to hackers and their clients’ competitors. 25% of companies suffer a cyber-attack annually, the other 75% may have suffered an attack but just don’t know it. What can you do to protect your practice?
- What cyber-attacks are and are not
- Your obligations to the data you hold
- How to prevent a cyber attack and what to do if you suffer a cyber attack
- Reducing mandatory data breach notification and fine by the privacy commissioner
- Your Insurance options
Presented by Nicole Murdoch, Principal, EAGLEGATE; Recommended Intellectual Property Lawyer, Doyle’s Guide 2018
Professional Skills
3.00pm to 4.00pm: Sourcing Litigation Funding and the Rise of Class Actions: Time to Start Paying Attention
Mass wrongdoing affects us all and, as revealed by the banking and finance royal commission, we have a long way to go in addressing large scale corporate misconduct.
- The role of class actions as a private, market-based mechanism of enforcement
- Evidence on the number, scope and results of class actions in Australia
- The role of litigation funding in providing access to justice
- Opportunities to consider reforms and make a good enforcement system even better
Presented by Andrew Watson, National Head of Class Actions, Maurice Blackburn Lawyers; Recommended Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Class Action Litigation
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm: Courtesy and Respect: What does it Really Mean and why does it Matter?
In this session, we will have a look at some key ethical obligations that are instrumental to our role as commercial litigators.
Presented by Ben Cohen, Partner, Bartley Cohen Law; Preeminent Professional Indemnity Lawyer and Leading Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2018; Accredited Specialist in Commercial Litigation