Advanced Commercial Litigation Conference
Issues covered include: The Litigation Landscape in the Royal Commission Aftermath, Claims in Quantum Meruit, Trustees: Suing and Being Sued, Indemnity Cost Orders, Clients and Capacity: A Practical Ethics Guide, Legal Technology and Litigation, Effective Negotiation Strategies for Commercial Disputes
Description
Don’t miss the opportunity to get ahead of your peers by spending a day examining high level commercial litigation updates, strategies and techniques with some of Queensland’s best litigators. Work through the hottest issues and gain your core CPD points all while gaining the tools necessary to rise to the pinnacle of the litigation world.
Attend the full day and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
Session 1
Key Commercial Litigation Issues
Chair: Polina Kinchina, Barrister, Murray Gleeson Chambers
9.00am to 10.00am: The Litigation Landscape in the Royal Commission Aftermath: A Deep Dive
- Financial Services Royal Commission “From the Trenches”
- Final Report of Commissioner Hayne: Deep Dive
- Implications for the wider business world?
- Observations from the evidence provided to the Financial Services Royal Commission
- Commissioner Hayne’s criticism of ASIC
- ASIC’s response: “Why not litigate?” approach
- ASIC’s recent enforcement work (to February 2020)
Presented by Dominique Mayo, Senior Associate, Holding Redlich
10.00am to 11.00am: Claims in Quantum Meruit
- The failure of contract: when and how a client can claim in quantum meruit for services rendered
- The key exchanges of promises to look for between the client and the non-paying parties
- Building the case: evidence gathering necessities relating to works completed, requests for works, agreement as to scope and costs, communications between the parties
- Essential elements of a quantum meruit claim
- Expectation of payment: Is it essential?
- Limitations on quantum
- Relief for the client: what the client can expect to recover and how it is assessed
- The effect of the High Court decision in Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Presented by Joseph Manner, Barrister, Level 18 Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Trustees: Suing and Being Sued
- Beddoe applications: how to use them
- Title of cause of proceeding
- Responsibilities of a trustee
- What happens when the trustee is insolvent?
Presented by David W Marks QC, Inns of Court; Leading Tax Senior Counsel, Doyle’s Guide 2018
12.15pm to 1.15pm: Indemnity Cost Orders
- Relevant legislation and rules, including the Uniform Law
- Brief recap: types of costs orders available
- The importance of making an offer at the earliest opportunity in the course of proceedings, or prior to the proceedings
- The circumstances justifying the making of a costs order on an indemnity basis
- Recent case law
- Minimising the risk of an adverse costs order
Presented by Mark Williams, Barrister, Level 18 Chambers; Leading Construction & Infrastructure Junior Counsel, Doyle’s Guide 2019
Session 2
CPD Mandatory Core Areas for Commercial Litigators
Chair: Christopher Crawford, Barrister, Level 10, Inns of Court
Practical Legal Ethics
2.00pm to 3.00pm: Clients and Capacity: A Practical Ethics Guide
- Overview of key professional obligations
- What is capacity and when does a client have or lack it?
- Your role in assessing capacity, including red flags and limitations
- Practical steps
- When to step away or withdraw
- Consequences for breach
- The good news
Presented by Nola Pearce, Barrister, Level 27 Chambers
Practice Management & Business Skills
3.00pm to 4.00pm: Legal Technology and Litigation: Tools to Maximise Efficiency and Results
- The role of technology in running a litigation and disputes practice
- Working with the client's technology
- Technology and case preparation
- Going to court: technology as a facilitator
Presented by Andrew Shute, Partner, Carter Newell Lawyers; Recommended Litigation and Dispute Resolution Lawyer, Doyle’s Guide 2018
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm: Effective Negotiation Strategies for Commercial Disputes
- Psychology of litigation
- Psychology of decision-making
- Legal framework for negotiated resolution
- Approaches to negotiation
- Developing negotiation skills
Presented by Sarah Davies, Director, Sarah Davies Legal Pty Ltd; Accredited Specialist in Commercial Litigation
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia
Parking Information
Parking is not included in you registration. Here are some options below. Secure Parking at Mercure Hotel offers a discounted daily rate from $36 by validating tickets at Mercure Reception prior to departure. Click here to view rates .
Directions
Nearby Public Transport:Train Stations - Roma Street StationBus Interchange - George Square Bus Station