Advanced Commercial Litigation Conference
Issues covered include: Fiduciary Duties, Insolvent Trustee Companies, Proportionate Liability, Commercial Class Action Litigation, client Integrity, Complex Litigation , Misleading Conduct
Description
Don’t miss the opportunity to count yourself amongst the litigation elite by spending a day examining high level commercial litigation updates, strategies and techniques with some of Melbourne’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 Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
Session 1
Key Commercial Litigation Issues
Chair: Jane Kupsch, Partner, Kennedys; Best Lawyers 2020, Class Action Litigation
9.00am to 10.00am: Breach of Fiduciary Duties in Commercial Cases: Recent Developments
- What are fiduciary duties or obligations?
- Do they arise where there is an agreement between the parties?
- Can they arise when a legally binding agreement has not yet been concluded?
- The content of fiduciary duties/when are they breached?
- Defences: e.g laches
- Remedies including account of profits, equitable compensation and constructive trusts
Presented by Graeme S Clarke QC, List A Barristers
10.00am to 11.00am: Insolvent Trustee Companies: Navigating the Statutory Priority Regime
- Bare Trusts
- Multiple Trusts
- The High Court decision (Re: Amerind)
- Subsequent case application
- Remuneration
Presented by Alicia Hill, Principal, MST Lawyers; Best Lawyers 2019, Litigation
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: Proportionate Liability: The Latest Developments
- Recent cases and developments
- Apportionable claims and concurrent wrongdoers
- Pleading and joinder issues
- Whether claims in nuisance are apportionable claims
- ‘Contracting out’ of proportionate liability
- Settlement issues and costs issues
Presented by Ben Hall, Partner, Carter Newell Lawyers
12.15pm to 1.15pm: Commercial Class Action Litigation Update
- Shareholder class action case developments
- Court approval of shareholder class action settlements
- Litigation funding developments
Presented by Rhea Dhillon, Special Counsel and Jeremy Zimet, Principal Lawyer, Phi Finney McDonald
Session 2
CPD Compulsory Units for Litigators
Chair: John Sinisgalli, Principal, Sinisgalli Foster
Ethics & Professional Responsibility
2.00pm to 3.00pm: Dealing with a Client of Questionable Integrity
- What can/should you do if you think your client is not telling you the truth?
- What constitutes a ‘proper basis’ for the purposes of the Civil Procedure Act?
- What are the consequences of a breach of the Civil Procedure Act?
Presented by Charles Shaw SC, Young’s List
Practice Management & Business Skills
3.00pm to 4.00pm: Managing Large and Complex Litigation
- The hidden costs of large litigation
- Responsibility for managing expert and service provider costs
- Benefits and detriments of technology
- Managing a team of junior and senior lawyers
- Managing the expectations of insurers
- Dealing with expectations of numerous plaintiffs
- Getting paid and the risks in large litigation
Presented by David Leggatt, Principal, Coterminous Legal; Best Lawyers 2020, Commercial Litigation
4.00pm to 4.15pm: Afternoon Tea
Professional Skills
4.15pm to 5.15pm: How to Plead Misleading Conduct
- How to ensure you completely particularise the claim: what to be aware of
- Common errors in identifying the misleading conduct
- Recognising the importance of accessorial liability
- How to plead half-truth and silence
Presented by John Arthur, Barrister, Svenson Barristers
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
Directions