Commercial Litigation Conference: New Risks & Claims
The risks & claims shaping the commercial litigation landscape are rapidly evolving & this is your opportunity to gain the high level updates & practical strategies commercial litigators need to stay ahead of the curve. Explore the latest in climate change litigation, competition & consumer law claims, unfair contracts, defamation, class actions, shareholder & business sale disputes, & valuation. Gain your core CPD points while bolstering your skills with pleadings, privilege & digital forensics. 223Q13
Description
Attend the full day and earn 7 CPD units including:
3.5 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
5 Key Developments in Commercial Litigation in 2022
Chair: Michael Lawrence, Barrister
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.00am Climate Change Litigation: The Latest Developments & the Key Implications
- The latest generation of climate change litigation & the main types of claims
- Human rights and constitutional claims
- Legal action taken against governments
- Private law
- Planning and permitting
- Administrative law and torts
- What’s on the horizon? The next wave of climate litigation & the risks for Australian companies and directors
Presented by Dylan McKimmie, Partner, Norton Rose Fulbright Australia; Best Lawyers 2022, Litigation, Alternative Dispute Resolution, Competition Law, & International Arbitration
10.00am to 11.00am Defamation and Social Media Litigation in 2022
- Online defamation: the state of play
- Stage 2 of the defamation reforms: where things stand
- Risks for organisations maintaining a social media page allowing comments on the organisation’s posts
- Fairfax Media Publications Pty Ltd v Voller (S236/2020); Nationwide News Pty Limited v Voller (S237/2020); Australian News Channel Pty Ltd v Voller [2021] HCA 27
- Additional litigation risks and trends related to defamation and social media
Presented by Alex Nelson, Barrister, Gibbs Chambers
11.00am to 11.15am Morning Tea
12.15am to 12.15pm Class Actions Update: The Latest Developments & the Road Ahead
- Overview of where things stand with class actions in 2022
- Important recent cases, key developments & the implications
- The shifting regulatory landscape, the impact of COVID-19 and the ramifications for class actions
- A look at what may lie ahead in the near future
Presented by Douglas Campbell KC
Professional Skills
12.15pm to 1.05pm Shareholder Disputes and Business Sale Disputes: Loss and Damage Quantification Issues
- Common loss quantification issues arising in shareholder disputes
- Common loss quantification issues arising in business sale disputes
- A guide to instructing loss quantification expert witnesses
Presented by John-Henry Eversgerd, Senior Managing Director, Valuation & Litigation Consulting, FTI Consulting
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Mandatory Core Areas for Commercial Litigators
Chair: Michael Lawrence, Barrister
Professional Skills
2.00pm to 3.00pm Effective Drafting Strategies to Avoid Inadequate Pleadings
- An examination of how pleadings fail
- A sturdy foundation: the relevant rules of Court
- Consideration of the role material facts play in pleadings
- The difference between material facts and particulars
- Pleading relevant material facts and not the evidence
Presented by Kelly McIntyre, Barrister, Hemmant's List
Practical Legal Ethics
3.00pm to 4.00pm Client Legal Privilege: Use it or Lose it
- The rationale and nature of the privilege
- Advice and litigation aspects: Two privileges or one?
- Common law and uniform evidence law
- Loss of the privilege: when & how waiver can occur and strategies for maintaining privilege
- Unintentional disclosure; the discovery process; partial disclosure; third-party communications
- Extent of waiver and righting the ship: what to do when privilege is waived
Presented by Sean Reidy, Barrister, Chambers@32
4.00pm to 4.15pm Afternoon Tea
Practice Management & Business Skills
4.15pm to 5.15pm Cyber Incidents, Digital Forensics and Civil Litigation: A Roadmap from the Incident to the Trial
- How can you utilise technology and digital forensics in your practice?
- Update on the latest developments in cyber incidents and related technology
- Investigating cyber incidents: What should you look for, what can you actually find, and how can you put the findings into context for litigation proceedings?
- What should go into an expert report, affidavit or oral testimony in proceedings?
- Forensic discovery and collecting and managing electronic evidence
Presented by Brendan Read, Partner, KordaMentha
Venue
Sofitel Brisbane Central
Level 2, 249 Turbot Street
Brisbane 4000 QLD
Australia
Parking information
Parking is not included in your registration.
There is parking within the hotel's onsite car park:
0 to 1/2 Hr $17.00
1/2 to 1 Hr $35.00
1 to 2 Hrs $42.00
2 to 3 Hrs $55.00
3 to 4 Hrs $65.00
4+ Hrs $65.00
Motorbikes $10.00
In-house Guests (24hr) $47.00
Valet Parking (24hr) $57.00
Lost Ticket $65.00
Directions
Sole entrance to the hotel from Turbot Street. The doors that lead from Central Station to the hotel will be locked and labeled “Meeting Point”, so guests will know where to start their journey. Displayed will be a QR code that when scanned will play a video of one of Sofitel Ambassadors guiding you to the Turbot Street entrance should you need direction. There is also directional signage installed on the walls & floor within Central Station that will clearly guide you to the hotel. Should you need lift assistance please let Sofitel know your travel details and they will have an ambassador escort you to a lift and into the hotel.
Alternatively, you can enter the hotel via Harelquin Jack (located within Central Station) Monday - Friday, 11:00am - 8:30pm.
For further assistance, please call the hotel on 0468 566 719 and one of the friendly Ambassadors will find you at the Meeting Point to guide you to the entrance.