Commercial Litigation: Risks and Claims
The risks & claims shaping the commercial litigation landscape are rapidly evolving & this is your opportunity to gain high-level updates & practical strategies commercial litigators need to stay ahead. Explore the latest in climate change litigation, insurance disputes, competition & consumer law claims, & defamation. Gain your core CPD points while analysing shareholder litigation, business sale disputes, valuation settlements, ethical pitfalls, and technology & document review. WEB223V09
Description
Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
The Key Developments in Commercial Litigation in 2022
Chair: Murray McInnis, Barrister, Holmes List
9.00am 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 Elisa de Wit, Partner & Head of Australian Climate Change Practice, Norton Rose Fulbright; Best Lawyers 2022, Climate Change Law, Energy Law, Planning and Environmental Law, & Water Law; Preeminent Environment & Climate Change Lawyer, Doyle’s Guide 2021 & Recommended Town Planning & Development Lawyer, Doyle’s Guide 2020
10.00am to 11.00am Insurance Litigation Update
Cover some highlights of insurance litigation over the past year including:
- Developments around the duty of utmost good faith
- The application of estoppel and waiver between insurer and insured
- COVID-19 related claims
Presented by Nawaar Hassan, Barrister, Foley’s List
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Competition and Consumer Law Litigation in 2022
- Significant developments in unfair contract law reform
- Observations on recent consumer law and Franchise Code developments
- Hiding in plain sight: how to recognise and avoid cartel provisions in commercial contracts
- Cartels: immunity from prosecution
Presented by Daniel Preston, Barrister, List G Barristers; Recommended Competition Law Junior Counsel, Doyle’s Guide 2021
12.15pm to 1.15pm Defamation and Social Media: The Litigation Playing Field in 2022
- Defamation reforms: where things stand
- Online defamation: the state of play
- 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
- Damages awards in recent social media cases
- Other key takeaways from the latest cases in the area
Presented by Toby Mullen, Barrister, Greens List
Session 2
CPD Compulsory Units for Commercial Litigators
Chair: Murray McInnis, Barrister, Holmes List
Professional Skills
2.00pm to 3.00pm 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
Practice Management & Business Skills
3.00pm to 4.00pm Maximising Technology in Litigation: Technology Assisted Document & Discovery Review
- A legal and practical update on eDiscovery: what’s new and where it’s moving
- Dealing with the emergence of different document types, e.g. mobile phone texts, instant messaging, etc
- A legal and practical update on effectively navigating Technology Assisted Review (TAR)
- Negotiating TAR protocols: What’s important and relevant?
- The implications of relevance being determined by how someone trains an algorithm to evaluate relevance
- What does the future hold?
- The impact of new AI being introduced to the document review process to determine relevance, e.g. sentiment and emotion analysis
Presented by Craig Macaulay, Data Scientist and Madeleine Tricarico, Lawyer, Phi Finney McDonald
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm How to Avoid the Ethical & Professional Traps: Lessons from the Frontlines
Join Caroline Dew, a professional indemnity specialist who’s defended both barristers and solicitors against a multitude of professional negligence claims across all jurisdictions, including complex, multi-party disputes, for over a decade. Caroline will provide strategic advice on identifying pitfalls that can trip up litigators while offering practical strategies for resolution.
Presented by Caroline Dew, Partner, Moray & Agnew; Recommended Professional Indemnity Lawyer, Doyle’s Guide 2020