Mastering Out of Court Settlement Agreements
Develop strategies to gain an early advantage in negotiating the settlement of a dispute to maintain control of the process from start to finish to achieve the best outcome for your client. Master how to expertly document the agreement to advance your client’s position even during the documenting process while sidestepping the pitfalls that can set you back. Learn how to get maximum value for your client and avoid the perils of tax traps when considering the key financial aspects of a settlement. WEB2111N03
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Emma Luck, Barrister, Francis Burt Chambers
Professional Skills
2.00pm to 3.00pm Step by Step Guide to Effectively Documenting the Agreement
- The essential elements of a bulletproof settlement agreement
- Documenting with clarity & certainty: the agreement, the terms & parties’ rights and obligations
- Timing issues and strategic considerations
- Form of agreement: Deed or covenant not to sue?
- Key clauses: the important considerations for each & drafting tips
- Enforcement: how to avoid an agreement being set aside
Presented by Darren Ferrari, Barrister, Svenson Barristers
Professional Skills
3.00pm to 4.00pm Negotiating the Settlement of a Dispute
- Strategies and tactics to use in negotiations to gain leverage and secure positive results
- The most common and the most detrimental mistakes to avoid
- Dealing with protracted negotiations: how to get the ball rolling again
- Managing high conflict personality types in negotiations
- The impact of recent Royal Commissions and Parliamentary Inquiries on the role mediation plays in dispute resolution
- The impact on levelling out the playing field at mediation between the mum and dad litigants and the big corporations
- Mediation and community standards and expectations
- The importance of plain English settlement agreements with sustainable milestone and outcomes.
Presented by Tim McFarlane, Principal; Accredited Specialist in Alternative Dispute Resolution; Leading Mediator, Doyle’s Guide 2021 and Sharan Safe, Consultant, McFarlane Legal
4.00pm to 4.10pm Break
4.15pm to 5.10pm Navigating the Tricky Tax Aspects of Settlements
Financial considerations lie at the heart of many settlement negotiations. Get maximum value for your clients and avoid the perils of tax traps.
- Strategies for structuring settlement payments and other financial issues
- Tax considerations:
- GST traps with settlements and judgments
- The Commissioner’s view about how Capital Gains Tax applies
- Complications with employment dispute settlements
- The tax treatment of legal costs
- Best practices and real world examples
Presented by Damian O’Connor, Managing Principal, Tax + Law; Chartered Tax Adviser; Best Lawyers 2022, Tax Law
Presenters
Emma Luck
With over 20 years’ experience representing a wide range of commercial clients, government departments and regulatory agencies, Emma is known for her strong commercial acumen, skilled advocacy and excellent technical legal skills. She regularly appears with or without a leader in state and federal courts and tribunals, as well as in domestic and international arbitrations. Prior to joining Francis Burt Chambers in early 2015, Emma worked in Perth as a Senior Associate at DLA Piper and Clayton Utz. Between 1999 and 2004 Emma worked in London, both in public and private practice.
Tim McFarlane
Having conducted more than 8,000 mediations, Tim McFarlane is highly respected within the Australian legal profession for his commercially focused, practical and balanced approach to conflict resolution. Tim’s extensive and varied expertise has been developed over 37 years whilst employed at, and as a partner in, a number of law firms. Tim has been an Accredited Specialist in Alternative Dispute Resolution (ADR) since 1993. Tim has presented on ADR locally, interstate and overseas and written extensively on mediation. He also conducts private mediation training courses for law firms, universities and various other organisations both in Australia and overseas.
Sharan Safe
Prior to embarking on a career as a mediator, Sharan participated in excess of 400 mediations over the course of 11 years in her role as in-house counsel for the Australia and New Zealand Banking Group Limited. Sharan’s extensive experience in mediation includes participating in Farm Debt mediations in all jurisdictions, insolvency, commercial disputes, banking and finance matters, customer complaints, family and succession issues and partnership disputes. Prior to Sharan’s participation as in-house counsel, Sharan was in private practice with Gadens and HWL Ebsworth in Commercial Litigation and Banking. Sharan commenced her career as an in-house lawyer at State Bank of Victoria and then Commonwealth Bank of Australia.
Darren Ferrari
Darren is a barrister at the Victorian Bar and a member of the Australian Insurance Law Association Victorian committee. He has 14-years’ experience at the Bar and recently became a Nationally Accredited Mediator. At the Bar he practices in commercial litigation, covering negligence, professional misconduct, breach of contract, misleading and deceptive conduct and misuse of confidential information. He also has a substantial insurance practice covering general and life insurance matters. His insurance practice sees him acting for and advising insurers and policyholders in matters of indemnity and policy coverage. Before joining the Bar, Darren was a solicitor in Freehills’ commercial litigation group, where his practice had a corporate policyholder focus. More recently, he was briefly employed as Special Counsel by Norton Rose Fulbright, where he was primarily instructed by life and general insurers.
Damian O’Connor
Damian O'Connor is the Managing Principal of specialist taxation law firm, Tax + Law. He has more than 40 years’ experience in tax, commercial, SME and family legal issues in Melbourne and Brisbane. His experience includes 23 years with the Australian Taxation Office, and as a tax partner with national law firms. Damian provides practical technical advice on complex tax issues, commercial and family wealth structuring, tax consequences of family law property settlements and tax disputes. He has decades of experience in managing high risk, high stress dealings with revenue authorities.