Settling Litigation Practice
“Better to settle” ... but make sure your settlement is watertight and tax effective. Solving litigation disputes starts from the initial settlement offers and without prejudice communications through to crafting of watertight agreements. Obtain a best practice guide to ensure that your settlement accurately reflects the agreement, plus a roundup of tax implications from its terms. Investigate when it’s possible to reopen a settlement and best steps to enforce an agreement. 243W03
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Anthony Willinge, Barrister, Murray Chambers
9.00am to 10.00am Settlement Offers and Without Prejudice Communications
- Calderbank offers and formal offers of compromise
- Cost consequences of rejecting settlement offers
- The ‘without prejudice’ rule and its scope
Presented by Eu-min Teng, Special Counsel, McComish Legal
10.00am to 11.00am Effective Settlement Agreements: Tips and Traps
- Components and structure
- Utility of recitals
- Indemnity, and releases / waivers
- Consequences of breach where agreements are subject to court orders
- Ethical considerations?
Presented by Pat Saraceni, Director, Litigation and Dispute Resolution, Clifford Chance
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Considering Tax and GST Issues in Settlements
- GST on settlements
- CGT on settlements
- Duty on settlements
- PAYG and SGC consequences of settlements
Presented by Matthew Crowley, Barrister, Francis Burt Chambers
12.15pm to 1.15pm Exploring the Grounds to Reopen a Settlement Agreement and Enforcement Options
- What is the Court’s discretion under section 73 of the Civil Procedure Act 2005 and when will it be exercised?
- When will separate enforcement action be justified or required?
- What is required when acting for an initiating party or defending party in proceedings under section 73 or separate enforcement proceedings?
Presented by Jessica Henderson, Barrister, Murray Chambers
Presenters
Anthony Willinge
Anthony obtained his law degree from the University of Western Australia, graduating with honours and the Frank Edward Parsons Memorial Prize in Law. He also has a Masters of Law with distinction from the University of London, where he studied Wigmorean analysis and evidence and proof. Anthony commenced his career as the Professional Assistant to the Crown Counsel for WA and the Associate to Justice Scott before becoming a crown counsel at the Crown Solicitor’s office for a number of years. He then joined Blake Dawson where he became a Partner and the head of the firm’s commercial litigation practice in Perth. Anthony joined the independent Bar in 2009. Anthony is also an Adjunct Professor at the University of Western Australia where he has been teaching Advanced Evidence and Proof for around 20 years.
Eu-min Teng
Eu-Min is a Special Counsel at McComish Legal, practising in the area of construction and engineering, and commercial litigation. Eu-Min graduated from the University of Western Australia with a Bachelor of Laws with Honours and Bachelor of Commerce, and holds a Master of Laws from the University of Sydney, and a Master of Construction Law from the University of Melbourne.
Pat Saraceni
Pat is a Director of L&DR at Clifford Chance, and is a member of Clifford Chance's global litigation and dispute resolution team. She heads the Maritime team in Australia. She specialises in complex dispute resolution, acting for multinational and local companies in sectors including energy and resources (oil, gas and power), mining, logistics and shipping. She is a past President of the Maritime Law Association of Australia and New Zealand (MLAANZ) and chairs i's Western Australian branch. She has a Doctorate of Juridical Science in Shipping Law from the University of Western Australia. Pat has lectured at the University of Notre Dame including in Shipping Law and has tutored at the University of Western Australia. She also sits on a number of professional committees
Matthew Crowley
Matthew Crowley is an internationally-experienced counsel of almost 20 years, with a significant public and commercial practice at the Western Australia and Victorian Bar. Doyle's Guide recognises Matthew as one of Western Australia's leading tax barristers for 2020, 2021, and 2022. Matthew is regularly briefed in Taxation, Migration, Administrative law and judicial review, Australian Consumer law, regulatory and civil penalty proceedings (including Customs prosecutions), Corporations and commercial litigation and Insolvency & bankruptcy. Matthew was called to the Bar in 2016 after a period with the Federal Trade Commission in Washington DC , and has since set about establishing a practice at the Western Australian Bar and Victorian Bar. He has a particular interest in taxation, especially United States-Australia cross-border issues. Matthew is a Fulbright Scholar and an International Fellow with the Federal Trade Commission in Washington DC. He was a visiting scholar at Columbia University in New York, and Georgetown Law School in Washington DC. Matthew has an LLM, LLB, and BA with Honours from Monash University. Matthew was admitted in Victoria in 2003 and in Western Australia in 2008. Matthew is also admitted in the Supreme Court of the United States, the United States Tax Court, the State Supreme Court of New York, and the federal US District of Southern New York. Matthew extends his practice between Melbourne and Perth.
Jessica Henderson
Jessica Henderson is a barrister at Murray Chambers and a part-time Member at the Administrative Appeals Tribunal (General and Migration/Refugee Divisions). She specialises in aviation, succession, and human rights law and has acted for commercial airlines, international insurers, government and NGOs. She is a member of the Law Society of WA Brief Editorial Committee and the Country Practitioners Committee and sits on the board of several NFP organisations. She holds a doctorate in American constitutional history and has been awarded the Richard Kiwanuka prize for International Humanitarian Law. Her three children are responsible for fine tuning her negotiation and mediation skills.
Venue
Cliftons Perth
Parmelia House, 191 St Georges Terrace
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)
Parking information
Parking not included in your registration.
Here is an option - Wilson Parking - St Georges Square, 225 St Georges Terrace Perth - click here for rates.