Online CLE

    Topic:
    All I want for Christmas is your claim summarily dismissed

    Speakers:
    Alex Tuhtan, Principal, CDI Lawyers, Qld
    Ben Whitten, 35 West Chambers, Qld
    Richard Schulte, Hemmant’s List, Qld (Moderator)

    Venue:
    Webinar recorded on 15 October, 2020

    This webinar explores the why, when and how to apply to strike out, for summary judgement or for an early trial of a separate question in commercial litigation. How often does a matter actually proceed to trial? Modern commercial disputes are fact heavy and complex, even when there are only a few key issues to be determined. So much so, that the mere thought of a trial instantly conjures visions of four weeks in court and reviewing enough paperwork to take out a World Heritage rainforest. What if it didn’t have to be this way? What if there was a way to shortcut the dispute and jump straight to the end, resolving the proceedings in months rather than years. In this seminar, Alexander Tuhtan and Benjamin Whitten will explore how a simple strike out application, application for summary judgment or trial on a separate question can either resolve your proceedings entirely or reduce the time and cost for the proceedings substantially.

All I want for Christmas is your claim summarily dismissed

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    All I want for Christmas is your claim summarily dismissed

    Speakers:
    Alex Tuhtan, Principal, CDI Lawyers, Qld
    Ben Whitten, 35 West Chambers, Qld
    Richard Schulte, Hemmant’s List, Qld (Moderator)

    Venue:
    Webinar recorded on 15 October, 2020

    This webinar explores the why, when and how to apply to strike out, for summary judgement or for an early trial of a separate question in commercial litigation. How often does a matter actually proceed to trial? Modern commercial disputes are fact heavy and complex, even when there are only a few key issues to be determined. So much so, that the mere thought of a trial instantly conjures visions of four weeks in court and reviewing enough paperwork to take out a World Heritage rainforest. What if it didn’t have to be this way? What if there was a way to shortcut the dispute and jump straight to the end, resolving the proceedings in months rather than years. In this seminar, Alexander Tuhtan and Benjamin Whitten will explore how a simple strike out application, application for summary judgment or trial on a separate question can either resolve your proceedings entirely or reduce the time and cost for the proceedings substantially.

All I want for Christmas is your claim summarily dismissed

Member Price: 0.00
Non Member Price: $75.00
    Title
    Bringing commercial and corporate proceedings in the Brisbane Federal Court
     
    Speakers
    Hon Justice Kylie Downes and Hon Justice Roger Derrington, Federal Court of Australia
    Ben Whitten, 35 West Chambers (Chair)

    Venue
    Dexus Place, Brisbane, November 2021

    The seminar covers:
    • The types of matters that can be placed on the commercial list
    • The advantages of bringing commercial litigation in the Federal Court

Bringing commercial and corporate proceedings in the Brisbane Federal Court

Member Price: 0.00
Non Member Price: $75.00
    Title
    Bringing commercial and corporate proceedings in the Brisbane Federal Court
     
    Speakers
    Hon Justice Kylie Downes and Hon Justice Roger Derrington, Federal Court of Australia
    Ben Whitten, 35 West Chambers (Chair)

    Venue
    Dexus Place, Brisbane, November 2021

    The seminar covers:
    • The types of matters that can be placed on the commercial list
    • The advantages of bringing commercial litigation in the Federal Court

Bringing commercial and corporate proceedings in the Brisbane Federal Court

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Building and Design Practitioners Master Class

    Speaker:
    Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright

    Venue:
    NSW State Library, November 2021

    Ever since the Opal Tower debacle in Sydney there has been considerable focus on the contractual and legal responsibility of construction contractors, building consultants such as architects and engineers and construction insurers. It is a complex picture involving the interaction of contract, tort and insurance law principles. In New South Wales the Design and Building Practitioners Act 2020 which came into force on 1 July 2021 needs to be woven into the tapestry. 

    The purpose of this master class is to untangle the complexity and identify the key principles and how they interact and to provide a practical perspective to all the stakeholders in the Australian construction industry.

    The master class covers:
    1. Tendering and contract formation issues
    2. Principles of contract interpretation
    3. Performance bonds and parent company guarantees
    4. The prevention principle and extensions of time
    5. Liquidated damages and relief against penalties
    6. Design warranties and liability for design certificates
    7. Defective building work and the statute of limitations
    8. Terminating a construction contract; the risks

Building and Design Practitioners Master Class

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Building and Design Practitioners Master Class

    Speaker:
    Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright

    Venue:
    NSW State Library, November 2021

    Ever since the Opal Tower debacle in Sydney there has been considerable focus on the contractual and legal responsibility of construction contractors, building consultants such as architects and engineers and construction insurers. It is a complex picture involving the interaction of contract, tort and insurance law principles. In New South Wales the Design and Building Practitioners Act 2020 which came into force on 1 July 2021 needs to be woven into the tapestry. 

    The purpose of this master class is to untangle the complexity and identify the key principles and how they interact and to provide a practical perspective to all the stakeholders in the Australian construction industry.

    The master class covers:
    1. Tendering and contract formation issues
    2. Principles of contract interpretation
    3. Performance bonds and parent company guarantees
    4. The prevention principle and extensions of time
    5. Liquidated damages and relief against penalties
    6. Design warranties and liability for design certificates
    7. Defective building work and the statute of limitations
    8. Terminating a construction contract; the risks

Building and Design Practitioners Master Class

Member Price: 0.00
Non Member Price: $75.00
    Title
    Developments in the law of misleading, deceptive and unconscionable conduct under the ACL

    Speakers
    Melanie Hindman QC, Northbank Chambers; Mark Steele, Northbank Chambers

    Venue
    Dexus Place, Brisbane, November 2021

    Both in the regulatory and private spheres of the law, proceedings for misleading, deceptive
    and/or unconscionable conduct under the ACL continue to be regularly advanced by
    regulators and parties. This seminar will look at:
    • the reasons why these causes of action continue to be so useful;
    • the range of remedies available (and comparison with similar provisions in other
    legislation); and
    • recent developments in the cases dealing with these types of claims.

Developments in the law of misleading, deceptive and unconscionable conduct under the ACL

Member Price: 0.00
Non Member Price: $75.00
    Title
    Developments in the law of misleading, deceptive and unconscionable conduct under the ACL

    Speakers
    Melanie Hindman QC, Northbank Chambers; Mark Steele, Northbank Chambers

    Venue
    Dexus Place, Brisbane, November 2021

    Both in the regulatory and private spheres of the law, proceedings for misleading, deceptive
    and/or unconscionable conduct under the ACL continue to be regularly advanced by
    regulators and parties. This seminar will look at:
    • the reasons why these causes of action continue to be so useful;
    • the range of remedies available (and comparison with similar provisions in other
    legislation); and
    • recent developments in the cases dealing with these types of claims.

Developments in the law of misleading, deceptive and unconscionable conduct under the ACL

Member Price: 0.00
Non Member Price: $75.00
    Speakers:
    Prasan Ulluwishewa, University of Notre Dame Australia and Kyle Kutasi, Solve Legal

    Topic:
    Employment law (Rule 6.1.2 — Practice management and business skills)

    This presentation formed part of the 2019 Mandatory CLE half-day seminar on 29 March, 2019.

    Venue:
    NSW State Library

Employment law (Rule 6.1.2 — Practice management and business skills)

Member Price: 0.00
Non Member Price: $75.00
    Speakers:
    Prasan Ulluwishewa, University of Notre Dame Australia and Kyle Kutasi, Solve Legal

    Topic:
    Employment law (Rule 6.1.2 — Practice management and business skills)

    This presentation formed part of the 2019 Mandatory CLE half-day seminar on 29 March, 2019.

    Venue:
    NSW State Library

Employment law (Rule 6.1.2 — Practice management and business skills)

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Executive contract claims and the Fair Work Act

    Speaker:
    Professor Joellen Riley Munton, UTS

    Venue:
    Recorded at UTS in October, 2020

    Joellen Riley Munton takes a look at cases involving a rather odd provision of the Fair Work Act that allows employees (without any restrictions on income levels) to bring claims for reinstatement to their jobs on the basis that the employer has taken adverse action against them for raising a workplace complaint. One particular case captured her attention — Keenan v Cummins South Pacific [2018] FCCA 2600; [2019] FCCA 523. The case has been appealed to a full bench of the Federal Court and has been reserved for quite some time.

    Why is this interesting? Because it looks like another of those odd statutory provisions that has been used by very senior executives to achieve results that undermine general contract law principles. 

    While awaiting the appeal decision, she also explores some other cases to see how serious a challenge this provision makes to orthodox contract law principles such as:

    • The employer can dismiss without a reason, so long as notice is given

    • There are no damages for hurt and humiliation (Addis v Gramophone Record Co)

    • Injunctive orders requiring restoration of a personal services relationship will not be ordered

    • Remedies in contract are not punitive.

Executive contract claims and the Fair Work Act

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Executive contract claims and the Fair Work Act

    Speaker:
    Professor Joellen Riley Munton, UTS

    Venue:
    Recorded at UTS in October, 2020

    Joellen Riley Munton takes a look at cases involving a rather odd provision of the Fair Work Act that allows employees (without any restrictions on income levels) to bring claims for reinstatement to their jobs on the basis that the employer has taken adverse action against them for raising a workplace complaint. One particular case captured her attention — Keenan v Cummins South Pacific [2018] FCCA 2600; [2019] FCCA 523. The case has been appealed to a full bench of the Federal Court and has been reserved for quite some time.

    Why is this interesting? Because it looks like another of those odd statutory provisions that has been used by very senior executives to achieve results that undermine general contract law principles. 

    While awaiting the appeal decision, she also explores some other cases to see how serious a challenge this provision makes to orthodox contract law principles such as:

    • The employer can dismiss without a reason, so long as notice is given

    • There are no damages for hurt and humiliation (Addis v Gramophone Record Co)

    • Injunctive orders requiring restoration of a personal services relationship will not be ordered

    • Remedies in contract are not punitive.

Executive contract claims and the Fair Work Act

Member Price: 0.00
Non Member Price: $75.00

    Topic:

    Force Majeure and Frustration: an overview of the case law

     

    Speaker:

    Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright

     

    Venue:

    Recorded at the Sydney office of Norton Rose Fulbright

     

    In this age of Covid-19 many contractors are scrutinising their contracts to identify a provision affording them relief from obligations which have become impossible to perform or where the contracts containing those obligations have become uneconomic because of the impact of the virus. Routinely, a force majeure clause will be invoked to meet the challenge.

    Whether such a clause is effective to afford relief to a contractor in any given situation turns upon the proper construction of the clause in its application to the event or events which have occurred. This process of construction is governed by the principles of Australian law relating to the construction of contracts generally. This seminar reviews those principles.


    For a copy of Jeffrey Goldberger’s paper, please click here.

Force Majeure and Frustration: an overview of the case law

Member Price: 0.00
Non Member Price: $75.00

    Topic:

    Force Majeure and Frustration: an overview of the case law

     

    Speaker:

    Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright

     

    Venue:

    Recorded at the Sydney office of Norton Rose Fulbright

     

    In this age of Covid-19 many contractors are scrutinising their contracts to identify a provision affording them relief from obligations which have become impossible to perform or where the contracts containing those obligations have become uneconomic because of the impact of the virus. Routinely, a force majeure clause will be invoked to meet the challenge.

    Whether such a clause is effective to afford relief to a contractor in any given situation turns upon the proper construction of the clause in its application to the event or events which have occurred. This process of construction is governed by the principles of Australian law relating to the construction of contracts generally. This seminar reviews those principles.


    For a copy of Jeffrey Goldberger’s paper, please click here.

Force Majeure and Frustration: an overview of the case law

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Frustration, termination and force majeure

    Speaker:
    Dr Elisabeth Peden SC, 3 Wentworth Chambers

    Venue:
    Recorded at 3 Wentworth Chambers, August 2020

    This seminar looks at the origins of frustration, highlights the current law and the effects of frustration, discusses the concept of 'partial frustration' and explores how frustration differs from termination. Dr Peden then moves on to the difficulties associated with force majeure clauses, offering some tips and advice on avoiding traps as she does so.

Frustration, termination and force majeure

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Frustration, termination and force majeure

    Speaker:
    Dr Elisabeth Peden SC, 3 Wentworth Chambers

    Venue:
    Recorded at 3 Wentworth Chambers, August 2020

    This seminar looks at the origins of frustration, highlights the current law and the effects of frustration, discusses the concept of 'partial frustration' and explores how frustration differs from termination. Dr Peden then moves on to the difficulties associated with force majeure clauses, offering some tips and advice on avoiding traps as she does so.

Frustration, termination and force majeure

Member Price: 0.00
Non Member Price: $75.00
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