Videos

    Topic:
    Case management of large commercial disputes

    Speakers:
    Hon Justice Thomas Bradley, Supreme Court of Queensland; Ben Whitten, Hemmant’s List (Chair)

    Venue:
    Recorded at Vincents Chartered Accountants, Brisbane, in April 2022

    The seminar will cover:
    • Management of proceedings with the objective of the just and expeditious resolution of the real issues in the proceeding at a minimum expense
    • Case management in respect of the appointment of a referee
    • The role of a referee in achieving the just and expeditious resolution of real issues in a proceeding, at a minimum expense:
    —    general approach to references 
    —    historical approach to references
    —    the operation and application of rr 501-505, 505A to r 505D of the UCPR 

Case management of large commercial disputes

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    2022 issues in employment and industrial law

    Speakers:
    Ian Neil SC, 6 St James Hall Chambers; Sally Moten, Partner, Lander & Rogers (Chair)

    Venue:
    Recorded at the NSW State Library, March 2022

    The seminar covers:
    • Vaccinations against COVID-19, including:
    Booster mandates
    Workplace safety issues arising from outbreaks of COVID-19 and adverse reactions to vaccines
    Unfair dismissal cases relating to vaccine mandates
    Privacy implications of vaccine mandates
    • Directions to return to work in the employer’s premises

2022 issues in employment and industrial law

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    The evolving class actions landscape in Australia

    Speakers:
    Jan Saddler, Head of Class Actions, Shine Lawyers (Chair); Hon Justice Bernard Murphy, Federal Court of Australia; Vicky Antzoulatos, Practice Leader NSW Class Actions, Shine Lawyers; Hon Mark Dreyfus QC, Shadow Attorney-General; Rebecca Gilsenan, Executive Director/Principal Lawyer, Maurice Blackburn; Christine Tran, Partner, Freehills; Stephen Conrad, CEO, Litigation Lending Services; Christian Gergis GAICD, Head of Policy Advocacy, Australian Institute of Company Directors; William A D Edwards, List G Barristers, Melbourne and Level 22 Chambers, Sydney (Panel Chair)

    Venue:
    Recorded at the NSW State Library, March 2022

    The seminar covers:
    • Navigating through the principles and practicalities of GCOs (Group Cost Orders), CFOs (Common Fund Orders) and NWNF (No Win No Fee)
    • Class actions waiver clauses and other international aspects of Australian class actions
    • Class action reforms and litigation funding schemes (panel discussion)

The evolving class actions landscape in Australia

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Preliminary agreements: binding or not?

    Speaker:
    Dr Elisabeth Peden SC, 3 Wentworth Chambers

    Venue:
    Recorded at the NSW State Library, March, 2022

    The seminar covers:
    • How to distinguish between binding and non-binding heads of agreement, letters of intent and MOUs
    • Conditions precedent to formation
    • Recent cases
    • Drafting tips

Preliminary agreements: binding or not?

Member Price: 0.00
Non Member Price: $75.00
    Title:
    Bringing workers compensation claims in the NSW Personal Injury Commission

    Speaker:
    Richard Perrignon, Denman Chambers, Senior Member of the NSW Civil and Administrative Tribunal, Member of the NSW Personal Injury Commission

    Venue:
    Recorded at the NSW State Library, March, 2022

    This is a Mandatory CLE seminar covering Rule 6.1.3 Professional skills

Bringing workers compensation claims in the NSW Personal Injury Commission

Member Price: 0.00
Non Member Price: $75.00
    Title:
    COVID issues for employers

    Speakers:
    Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers; Professor Keith Thompson, University of Notre Dame Australia

    Venue:
    Recorded at the NSW State Library, March, 2022

    This is a Mandatory CLE seminar covering Rule 6.1.2 Practise management and business skills


COVID issues for employers

Member Price: 0.00
Non Member Price: $75.00
    Title:
    Issues in legal ethics

    Speaker:
    Professor Gerard Ryan, University of Notre Dame Australia

    Venue:
    Recorded at the NSW State Library, March, 2022

    This is a Mandatory CLE seminar covering Rule 6.1.1 Ethics and professional responsibility

Issues in legal ethics

Member Price: 0.00
Non Member Price: $75.00
    Title:
    The ethical limits of advocacy at mediation

    Speaker:
    Robert Angyal SC, 6 St James Hall Chambers

    Venue:
    Recorded at the NSW State Library, March, 2022

    • How the Australian Consumer Law applies to lawyers acting as advocates at mediations: why you shouldn’t say, 'This is my client's final offer'.
    • The ethics of advocating at evaluative mediations.
    • Why mediation is under attack from the right and the left, and the implications for you as an advocate at mediation.

The ethical limits of advocacy at mediation

Member Price: 0.00
Non Member Price: $75.00
    Title:
    Taxation issues arising from litigation settlements and judgments

    Speakers:
    Harry Lakis, Inns of Court, Brisbane
    Richard Schulte, Hemmant’s List, Brisbane

    Venue:
    Recorded at Vincents Chartered Accountants in February 2022

    Federal and state taxes will often be an incident in a commercial mediation or litigation. Those taxes can have a significant 'leveraged' implication. By getting it right a good result can be made better, but an error or oversight can turn a win into a loss. Even worse, that loss may be attributed to the advisors. This session will raise your awareness of the circumstances that can attract CGT, GST, income tax or stamp duty, and how best to address it in the terms of any settlement or Orders.

Taxation issues arising from litigation settlements and judgments

Member Price: 0.00
Non Member Price: $75.00
    Title
    Goldberger on Contract

    Speakers
    Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright
    Hon Justice Fabian Gleeson, Supreme Court of NSW (Chair)

    Venue
    NSW State Library. Recorded in February 2022

    The master class covers:
    • Privity of contract: an old principle with new perspectives.
    • The incorporation of terms by reference.
    • The nature of a claim under an indemnity: drafting implications.
    • Estoppel by convention revisited.
    • Time and termination: essential and innominate terms.
    • Actual breach, anticipatory breach and the requirement to be ready, willing and able to perform.
    • Lawful means economic duress: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40

    For a copy of the paper please contact memberservices@cla.org.au

Goldberger on Contract

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
    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
    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
    WorkPac v Rossato: the potential implications

    Speakers:
    Ian Neil SC, 6 St James Hall Chambers; David Chin SC, 5 Wentworth Chambers; Chris Parkin, 5 Wentworth Chambers; Sally Moten, Partner, Workplace Relations & Safety, Lander & Rogers (Chair)

    Venue:
    Recorded in August 2021.

    The seminar covers the key issues arising from the High Court’s decision, including:
    • the extent to which employment contracts are subject to orthodox legal analysis;
    • the common law concept of casual employment;
    • the relationship between the High Court’s decision and the recent amendments to the Fair Work Act dealing with casual employment;
    • the implications of the High Court’s reasoning for the employee/independent contractor distinction;
    • potential options for employees whose contracts do not reflect the reality of their employment relationship; and
    • the status of the ‘set off’ in employment law.

WorkPac v Rossato: the potential implications

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Managing competing class actions

    Speaker:
    Hon Justice Michael Lee, Federal Court of Australia

    Venue:
    Recorded at the NSW State Library in June 2021

    The seminar covers the following key points:
    • Multiplicity and Pt IVA of the Federal Court of Australia Act 1976 (Cth) — how did we get here and where are we going?
    • Reflecting on the High Court’s decision in Wigmans v AMP Ltd [2021] HCA 7; (2021) 388 ALR 272.
    • The multifactorial analysis at play — considering CJMcG Pty Ltd as Trustee for the CJMcG Superannuation Fund v Boral Limited (No 2) [2021] FCA 350.
    • Can funders ever ‘win’ against the ‘no-win/no-fee’ model? A reflection on funding developments and the issue of multiplicity.
    • Time and place — managing competing class actions across different forums and the importance of communication. 
    • Minimising cost and maximising efficiency in class action litigation.

Managing competing class actions

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Risky business: personal criminal liability for company directors and officers

    Speaker:
    Hon Justice Lucy McCallum, Court of Appeal, Supreme Court of NSW

    Venue:
    Recorded at the NSW State Library in June 2021

    A recent study of directors' liability in Australia and comparable jurisdictions found that 'Australia now has the harshest criminal penalties regime' among the surveyed countries.
    Does our criminal justice system encourage good governance or is it just bad for business?

Risky business: personal criminal liability for company directors and officers

Member Price: 0.00
Non Member Price: $75.00
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