Commercial Litigation: Key Developments
Gain high level update on legislative reforms and recent cases related to the key areas commercial litigators need to be on top of in 2023. You’ll examine legislative changes relating to creditor defeating dispositions and unreasonable director related transactions. Plus be updated on ACCC reforms and their regulatory focus for 2023, developments in defamation, class actions and litigation funding. Finally, gain your core CPD points while examining case valuations, ethics, & working with experts. 233N38
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
*The conference will be directly followed by a Networking Drinks Reception for the in-person delegates
Session 1
The Key Developments in Commercial Litigation for 2023
Chair: Aaran Johnson, Partner, Marsdens Law Group, Accredited Specialist in Commercial Litigation
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am s588FDB and All That: Exploring 'The Hallmarks of a Classic Phoenix' and Creditor Defeating Dispositions
A closer look at the legislative changes arising from the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth), including the decision in Intellicomms Pty Ltd (In Liq) [2022] VSC 228 and recent cases and trends dealing with phoenixing, creditor defeating dispositions and unreasonable director related transactions.
Presented by Colin Brown, Partner, O’Neill Partners Commercial Lawyers
9.50am to 10.35am Australian Competition and Consumer Law Update: The Regulatory Focus in 2023
- ACCC priorities for 2023
- Increases to penalties for competition and consumer law breaches
- Unfair contract term reforms
- Environmental claims and sustainability
Presented by Carolyn Oddie, Partner, Allens; Leading Competition Practitioner in Chambers Asia-Pacific, The Asia-Pacific Legal 500, Best Lawyers and Global Competition Review and Who's Who Legal
10.35am to 10.50am Morning Tea
10.50am to 11.35am Defamation Update
Gain an analysis and reflection of recent high-profile cases and key issues for practitioners including in relation to the new public interest defence.
Presented by Tannu Gagguturu, Associate, Bird & Bird
11.35am to 12.20pm Class Actions: Securities and Consumer Claims and Global Trends
Class actions have long been a feature of the legal landscape, particularly in the US. There are, however, clear indications that the reach of class actions is expanding in Australia and internationally with the rise of ESG and the emergence of new sectors, where technology is advancing more quickly than the regulatory and legal framework. Corporate accountability is increasingly demanded by society and law makers are responding accordingly. The risk of class action claims, therefore, is only going to increase and businesses must be alive to the changing international landscape.
Presented by Angela Pearsall, Partner, Clifford Chance; Leading Class Actions Lawyer, Doyle’s Guide, 2022 and Naomi Griffin, Partner, Clifford Chance
12.20pm to 1.05pm Enforcing and Avoiding Badly Drafted Dispute Resolution Clauses: Is it Enforceable after Termination?
- Express or implied: does it survive termination
- How to interpret the clause
- How to give it effect if it has been poorly drafted
- How to avoid a dispute resolution clause
- What are the Courts saying about private dispute resolution
Presented by David Jury, Partner, HWL Ebsworth
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Ethics, Professional Skills & Practice Management for Commercial Litigators
Chair: Beth Oliak, Barrister, Frederick Jordan Chambers
Practice Management
2.00pm to 3.00pm Litigation Funding as a Practice Tool
Presented by Anne Freeman, Partner and Kate Sambrook, Partner, Piper Alderman
Ethics & Professional Responsibility
3.00pm to 4.00pm The Overarching Purpose in Commercial Litigation: Helping the Court to Help You
- Overview of obligations under ss 56-60 of the Civil Procedure Act 2005 (NSW) and jurisdictional equivalents
- Correspondence: focusing on the real issues in dispute
- Timetable management: know your case
- Keeping costs proportionate
Presented by Brenda Tronson, Barrister, Level 22 Chambers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Commercial Litigation Lump Sum Costs
Taxation and assessment remain the traditional methods of quantifying the value of favourable legal costs orders after hard-fought commercial litigation. The problem with taxation and assessment is that they incur actual costs, opportunity costs, take time, and expose fatigued litigants to litigation about litigation. For clients concerned about time and money, does a lump sum order save them time and money?
You will learn how to provide business clients with advice about their options.
Presented by Philippe Doyle Gray, Barrister, 8 Wentworth Chambers; Philippe Doyle Gray is a Costs Assessor, barrister, and former solicitor, with 25 years of commercial litigation experience, and advises and represents barristers, solicitors, and clients in disputes about legal costs.
Presenters
Aaran Johnson
Aaran is the Partner in charge of Marsdens Law Group's Dispute Resolution & Litigation Department. Aaran holds Master of Laws Degree, majoring in Commercial Litigation, and is a Law Society of NSW Accredited Specialist in Commercial Litigation. Aaran conducts a general litigation practice with expertise in the areas of infrastructure, building and construction (including the Building and Construction Industry Security of Payment Act), Contract law, Defamation, the Australian Consumer Law, Property, Debt and Equity, Intellectual Property, as well as Insolvency and Corporations Law. Aaran has conducted litigation in the Federal, Supreme, District and Local Courts, Specialist Tribunals and more particularly specialist Commercial, Corporations and Technology and Construction Lists of those Courts and Tribunals.
Colin Brown
Colin specialises in the areas of insolvency and reconstruction and commercial litigation. A member of the Australian Restructuring Insolvency and Turnaround Association (ARITA), Colin acts for secured and unsecured creditors, commercial entities, administrators, liquidators, bankruptcy trustees and other insolvency practitioners across a range of industry sectors, as well as advising individuals, boards and company directors on all aspects of insolvency law. Colin also acts for private and corporate clients involved in a broad range of commercial disputes, particularly in respect of contractual and commercial transaction, resolving a number of large and complex commercial disputes for the firm’s clients.
Carolyn Oddie
Carolyn Oddie has over 20 years of experience advising on competition and regulatory issues in Australia and South East Asia. She is recognised by Chambers Asia-Pacific 2016 as a leading competition law practitioner. Carolyn specialises in: Australian Consumer Law, advertising and marketing issues and advertising clearance; Mergers, acquisitions and joint ventures; Structuring of alliances and advising on business conduct including authorisations and notifications; Cartel immunity applications, investigations by the ACCC and other regulators and Competition and consumer litigation by the ACCC and third parties;. Carolyn's recent experience includes; acting for ASX listed Recall on the competition review of its $3.4 billion acquisition by NSYE-listed Iron Mountain Incorporated; Metal Manufactures on clearance if its acquisition of 44 Cetnaj electrical wholesale and lighting stores; Foxtel on its acquisition of up to 15% of Network Ten, 24.99% of MCN by Network Ten and associated arrangements; Acting in a major ACCC and NZCC investigation in the manufacturing industry including allegations of cartel conduct and dawn raids; Acting for Uber in relation to ihail's application for authorisation of a joint venture between taxi companies to launch the ihail smartphone app; acting for Uber in an Advertising Claims Board case regarding NSW taxi council advertising; acting for Scoopon in the ACCC investigation and subsequent Federal Court proceedings in relation to allegations of misleading and deceptive conduct and defending Emirates in proceedings commenced by the ACCC alleging that Emirates participated in a global air cargo cartel.
Tannu Gagguturu
Tannu is an Associate within the Dispute Resolution group specialising in media and technology disputes and commercial litigation. His litigation and technology experience includes acting for one of the world's largest electronics manufacturers in relation to regulatory issues under Australian law and advising and acting on behalf of organisations affected by cyber security/data attacks, including at the stage of initial exposure and in subsequent proceedings. In the defamation space, he has acted in a number of high-profile cases in Australia's Federal Court. He regularly monitors and advises on developments in defamation law (including the recent defamation reforms in Australia), and writes on legal developments in this area. Tannu is focused on working with his clients in a strategic, collaborative and sensible way in order to help them achieve desired outcomes. Prior to joining Bird & Bird, he worked at another international law firm in the defamation and insurance litigation team, where he acted for insurers and their insureds in a variety of disputes.
Angela Pearsall
Clifford Chance partner Angela Pearsall has extensive experience in litigation and dispute resolution. She specialises in large-scale commercial litigation and class actions and acts for global and regional clients in litigated and non-litigated disputes, class actions, and internal and regulatory investigations. Angela's experience spans corporations law and regulatory issues, directors' duties, contract, misleading and deceptive conduct, professional indemnity claims and fraud. Prior to joining Clifford Chance, Angela was a partner at a leading International firm.
Naomi Griffin
Naomi Griffin specialises in commercial dispute resolution. She has experience in large-scale litigation and class actions, as well as contentious regulatory litigation and investigations, commercial and contractual disputes, misleading and deceptive conduct, professional indemnity claims, insolvency and fraud. She represents preeminent global accounting and auditing firms, large corporates and financial institutions. Naomi joined Clifford Chance as counsel in October 2019. Naomi was a senior legal project manager with Clifford Chance, London and the investigations team of a global bank in London from 2016 to 2019. For the 12 years prior to this, Naomi was a senior associate at Ashurst in the commercial litigation group. Naomi has an MBA from Warwick Business School, a Masters of Law from UNSW and a Bachelor of Science/Laws from the University of Newcastle.
David Jury
David Jury is a partner at HWL Ebsworth with over 20 years' experience in negotiating, drafting and litigating contracts primarily for those involved in the building and construction industry. With experience for owners, government, contractors, sub-contractors and consultants David has provided advice to clients on a variety of issues and from different perspectives. David's experience in litigation as well as alternate dispute resolution has provided him with valuable insights into how parties to contracts can improve their chances of avoiding disputes.
Beth Oliak
Beth is a barrister and maintains a general commercial practice, with particular expertise in intellectual property, unfair trade practices, real property, corporations law and equity (including probate and succession). Admitted to the Bars of New South Wales, New York and California, Beth has acquired significant international experience through her many years practicing intellectual property litigation at major New York Law firms prior to relocating to Australia. She also has substantial experience in appellate matters, having appeared in a number of different courts of appeal, including the Court of Appeal of the Supreme Court of NSW, the Full Federal Court of Australia, the Full Family Court of Australia and the US Court of Appeals for the Federal, Second and Fourth Circuits. Beth lectures in Intellectual Property for the LEC Course at the University of Sydney and is the NSW examiner for that subject for the LPAB. She regularly delivers papers and presentations on legal developments in her practice areas. Beth holds a Juris Doctorate from Washington University in St Louis School of Law and a Bachelor of Electrical Engineering from Northwestern University.
Martin Del Gallego
Martin is a commercial litigator with proven experience in high stakes, high value litigation. Martin focuses on complex, multi-party, multi-jurisdiction disputes and is experienced in litigating across a broad range of sectors including financial services, energy & resources, construction, insolvency, and class actions. Martin has been acting for high net worth individuals in complex offshore litigation including in the Eastern Caribbean Supreme Court, Cayman, Cyprus and the Dutch Antilles.
Brenda Tronson
Brenda Tronson is a barrister at Level 22 Chambers, practising in public law and commercial law, with specific areas of practice including disciplinary law, migration law, general administrative law, contract law, equity and discrimination. She was called to the Bar in 2008, reading on Sixth Floor Selborne Wentworth Chambers, before which she completed the BCL and MPhil in Law at Oxford University and worked for Justice Crennan at the High Court of Australia and for Freehills in Sydney. Significant cases in which Brenda has appeared include Wainohu v State of New South Wales in the High Court and Kutlu v Director of Professional Services Review in the Full Federal Court. Brenda was named NSW Young Lawyer of the Year in 2010 and was nominated for the NSW Women Lawyers Association "Up and Coming" Woman Lawyer Award in 2011.
Philippe Doyle Gray
Philippe is a barrister at 8 Wentworth Chambers in Sydney. With over 20 years of experience at the Bar, he maintains a diverse civil law practice. Philippe is frequently briefed to advise and appear in civil litigation in which allegations are made of criminality, fraud, or other serious misconduct. He is a Costs Assessor and an authority in the law of legal costs and regulation of the profession, constantly acting for barristers, solicitors, and clients in disputes concerning professional fees. Possessing an avid interest in the law’s interaction with technology, Philippe is a forward-thinking and progressive barrister who has run a paperless practice since 2010. He seeks to enhance the cost-effectiveness and delivery of justice to make litigation affordable for all.
Anne Freeman
Anne is an experienced dispute resolution lawyer who partners with clients to achieve the best and most efficient outcomes when disputes arise. Anne has represented large multi-nationals, as well as smaller corporations and individuals. She has acted in a wide range of commercial disputes including representing parties in a Royal Commission, and in Courts and Tribunals of all levels in a number of Australian states, as well as in the United Kingdom. Anne has acted for both claimants and defendants in commercial and other class actions. She regularly advises clients on contractual obligations and possible actions against contracting parties, including actions for breaches of legislation, such as the Competition and Consumer Act and the Corporations Act and in negligence, as well as defending clients against such claims. Anne also has expertise in prosecuting and defending professional indemnity claims and claims on insurance. Anne has run litigious matters for clients from a range of sectors and industries, including energy and resources, health, transport, wine and retail. She has managed cases arising from complex construction and procurement contracts, and property acquisitions, and disputes arising from joint venture relationships. Anne’s experience includes a range of alternative dispute mechanisms, including mediation, expert determination and arbitration. Anne is on the editorial panel for LexisNexis Competition and Consumer Law News, to which she regularly contributes.
Kate Sambrook
Kate specialises in major commercial, corporate and insolvency litigation. In this last 10 years, Kate has acted in a range of high profile and complex disputes involving ASX listed companies, financial services providers and high net worth individuals. Her practice area includes regulatory, corporate and commercial disputes and litigation with a particular focus on contractual and transactional disputes, corporations legislation, competition and consumer legislation, securities litigation, disputes concerning alleged breaches of trust and fiduciary duties, and representative (class action) proceedings for both plaintiffs and defendants. With class actions now well-recognised as a leading avenue for dispute resolution in Australia, Kate’s practice focuses on plaintiff class action work, seeking to enhance the protection of rights and access to remedies by members of Australian society who would otherwise be denied redress as a result of the wrongful acts and conduct of large financial institutions and other corporate entities.
Venue
Legalwise Seminars - Pitt Street
Level 11 70 Pitt Street
Sydney 2000 NSW
Australia
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Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km