Litigation: Dealing with Unreasonable Costs
What to do when the other side is delaying and being unreasonable? When might it be appropriate to seek costs orders against them? What are your obligations as a solicitor to keep your costs proportionate? How to apply costs principles in multiparty litigation? These questions and more will be discussed by this eminent panel and you’ll take away a renewed insight into dealing with costs and litigation. 223V26
Description
Attend and earn 3 CPD units including:
1 unit in Practical Legal Ethics
2 units in Professional Skills
This program is based on VIC legislation
Chair: Bronwyn Lincoln, Partner, Corrs Chambers Westgarth; Graded Arbitrator; Identified by Chambers Global as ‘internationally recognised’ and ranked Band 1 in dispute resolution
2.00pm to 3.00pm When Courts Will Make Special Cost Orders
- When it is appropriate to seek a special cost order
- What is deemed ‘unreasonable’ behaviour
- Circumstances when the court will make certain cost orders: what they look out for and recent cases
- How to avoid your client from suffering a special costs order
- Offer of settlement
- When an offer of settlement will lead to an award of indemnity costs
- Recent case law addressing the impact of offers of settlement
- Recent cases
Presented by Nicholas Bird, Barrister, Chapman’s List
3.00pm to 4.00pm Costs and Settlement Offers in Multi-Party Litigation
What are the principles that courts apply in relation to costs in multi-party litigation? How can a party make an offer of compromise or Calderbank offer when faced with multiple opponents?
Presented by Dr Oren Bigos KC, List A Barristers; Preeminent Insolvency& Restructuring Senior Counsel, and Recommended Commercial Litigation & Dispute Resolution Senior Counsel, Doyle’s Guide 2021 and Lara O'Rorke, Barrister, List G Barristers
4.00pm to 4.15pm Afternoon Tea
Practical Legal Ethics
4.15pm to 5.15pm Ensuring that Costs are Proportionate: An Overarching Obligation
- Relevant legislation, including the obligation of all practitioners to keep costs proportionate
- Avoiding non-party costs orders against solicitors
- Advising the client on the need to keep costs proportionate
Presented by Judge Sharon Burchell and Judge My Anh Tran, Victorian County Court
Presenters
Bronwyn Lincoln
Bronwyn practices in dispute resolution with a particular focus on cross border litigation and international arbitration. Her practice traverses a range of industry sectors including international trade, mining and resources, construction and infrastructure, property and technology. She has a particular interest in joint venture and shareholder disputes. Bronwyn is also an international arbitrator, empanelled with many of the leading arbitral institutions, and one of Australia’s four designated conciliators for ICSID. Amongst other roles, Bronwyn is a member of the Law Counsel of Australia Federal Litigation and Dispute Resolution Executive and a director of ACICA and the Australian Disputes Centre.
Nicholas Bird
Nicholas came to the Bar in 2019 and has acted in a broad range of commercial matters. He has experience in disputes involving property law, trade practices, consumer law and Testator's Family Maintenance (TFM). Nicholas is a contributing author for Victorian Courts, a loose-leaf publication by Thomson Reuters on civil procedure issues, and is a reporter for Victorian Reports. He is a member of the Victorian Bar Library Committee.
Dr Oren Bigos KC
Oren practises nationally in corporate and commercial law, undertaking both trial and appellate work. He took silk in 2019. He has particular experience in corporations, insolvency, regulatory proceedings, class actions, equity and trusts, property, banking and finance and trade practices / consumer protection. He has represented both class action plaintiffs and defendants. Oren has acted in many major corporate collapses. He also has public and regulatory law experience and has acted for and against regulators. He is listed in the “Best Lawyers” rankings (published in the AFR), the Chambers & Partners barrister rankings, and Doyle’s Guide. Oren is consulting editor of the Federal Court Reports and the Federal Law Reports. He is a co-author of Federal Court Practice.
Lara O’Rorke
Lara is a commercial law barrister with significant experience in general commercial litigation. Prior to joining the Bar, Lara was a Senior Associate at Arnold Bloch Leibler, and a solicitor at Clayton Utz. As a solicitor, Lara has experience advising and acting for companies and individuals in a wide variety of commercial and civil law disputes involving interlocutory hearings, final hearings, appeals, arbitrations and mediations in jurisdictions including the Supreme Court of Victoria, Magistrates’ Court of Victoria, County Court of Victoria, VCAT, Supreme Court of New South Wales, High Court of Australia and the Federal Court of Australia. Lara is reading with Banjo McLachlan and her senior mentor was Dr Catherine Button KC, before her Honour was appointed as a judge of the Supreme Court of Victoria.
Judge Sharon Burchell
Judge Burchell was appointed to the bench in June 2021, having also been a Judicial Registrar in the Court's Commercial Division since 2015. Her Honour holds a Bachelor of Laws and a Bachelor of Economics from Murdoch University. Judge Burchell signed the Bar Roll in 2004 and has extensive experience in commercial law, judicial review and administrative law. Judge Burchell was appointed as a Judge in the Commercial Division of the County Court of Victoria in June 2021. Her Honour is currently the Judge in Charge of the Building Cases List and a Vice President of the Victorian Civil and Administrative Tribunal.
Judge My Anh Tran
Judge My Anh Tran was appointed as a Judge of the County Court in October 2020, after five years working as a Judicial Registrar in the Commercial Division of the County Court.
Judge Tran’s professional background is as a barrister practising in commercial and administrative law. Her Honour took an extended period of maternity leave from the Bar after the birth of her first child in 2008 before commencing the Judicial Registrar role, initially part-time as part of a “job share” with Judicial Registrar Sharon Burchell. Her Honour is now sitting in the Common Law Division, handling personal injury, testator family maintenance, defamation and quasi-crime matters such as intervention order appeals and supervision orders. Her Honour is the Judge in Charge of the Family Property List.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court