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

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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

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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

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Non Member Price: $75.00
    Topic:
    Spiliada 35 years on

    Speaker:
    Hon Justice Andrew Bell, President, NSW Court of Appeal

    Venue:
    Recorded at the NSW State Library in June 2021

    All Commonwealth countries other than Australia adopted the natural forum doctrine enunciated by the House of Lords in Spiliada in 1986.
    Was the High Court correct not to adopt this approach in Voth v Manildra Flour Mills?
    What have been the consequences for transnational litigation in Australia?

Spiliada 35 years on

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Non Member Price: $75.00
    Topic
    Update on PPSA: interesting and difficult case developments

    Speakers
    Nicholas Mirzai, Level 22 Chambers; Professor Jason Harris, University of Sydney (Chair)

    Venue
    Recorded at the NSW State Library in May, 2021

    The seminar cover the following issues:
    • Choice of law and the potential implications of the PPSA cross-border
    • Developments in extension of time jurisprudence
    • 'Circulating assets' and 'circulating security interests'
    • The role of the Registrar re: what is on and off the PPSR

Update on PPSA: interesting and difficult case developments

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Non Member Price: $75.00
    Topic
    Maintaining legal professional privilege in the context of a government department investigation

    Speakers
    David Marks QC, Hemmant’s List; Samantha Amos, Hemmant’s List (Chair)

    Venue
    Recorded at the office of Hemmant’s List in April, 2021

    This seminar focuses on the challenges lawyers face when advising clients facing a government department's wide-ranging and far-reaching investigation.

Maintaining legal professional privilege in the context of a government department investigation

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Non Member Price: $75.00
    Topic:
    Is appointing court leave required to sue a liquidator

    Speakers:
    Dr John Azzi, Senior Lecturer, Western Sydney University; Dr Robert Austin, Level 22 Chambers (Chair)

    Venue:
    Recorded at the NSW State Library in March, 2021

    On 20 November 2020, the NSW Court of Appeal dismissed an appeal against Rees J’s decision refusing the applicants leave to sue their court-appointed liquidator in negligence: Aardwolf Industries LLC v Tayeh [2020] NSWCA 301. In so doing, Leeming JA (Bell P agreeing) made brief in obiter remarks concerning the leave requirement 'lest they be overlooked in later cases'. Given this, the purpose of this seminar is to explore the rationale for the leave requirement and to suggest it is no longer appropriate given the national adjudication scheme established under the Corporations Act 2001 (Cth), which ‘deals distinctly’ with matters concerning liquidation and distributes federal jurisdiction based on whether a court (State or Federal) is a small ‘c’ court or a capital ‘C’ Court rather than whether it is the appointing court.

Is appointing court leave required to sue a liquidator

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Non Member Price: $75.00
     Topic:
    Mandatory CLE halfday seminar

    Speakers:
    Professor Gerard Ryan, University of Notre Dame Australia; Kyle Kutasi, Director, Solve Legal; Lauren Absalom, Associate Lawyer, Rydge Evans Lawyers and Councillor, Law Society of NSW

    Venue:
    Recorded at the NSW State Library in March, 2021

    The seminar covers:
    • Issues arising in conflict of interest or confidentiality (Rule 6.1.1 — Ethics and professional responsibility)
    • Employment law issues arising from working at home (Rule 6.1.2 — Practice management and business skills)
    • Practical issues in estate planning (Rule 6.1.3 — Professional skills)
    Proudly supported by the University of Notre Dame Australia

Mandatory CLE halfday seminar

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Non Member Price: $75.00
    Topic:
    Goldberger on Contract Master Class

    Speakers:
    Jeffrey Goldberger, Norton Rose Fulbright
    Hon Justice Fabian Gleeson (Chair)

    Venue:
    Recorded at the NSW State Library in late February, 2021

    PROGRAM:
    Part 1: The year in review
    • Construction and interpretation
    Dispute resolution clauses
    Contracts of insurance
    Contracts for the purchase of strata units ‘off the plan’
    • Co-operation in contract performance
    • Loss of use damages for breach of contract and user damages in tort
    • Statutory unconscionable conduct in commercial transactions
    • Breaches capable of remedy in a termination regime
     
    Part 2: Agency and the valid execution of documents by corporations
     
    Part 3: Proportionate liability and the contractual allocation of risk

    3 CLE points

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

Goldberger on Contract Master Class

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Non Member Price: $75.00
    Topic:
    Plan your 2021: remote work and online business tips

    Speaker:
    Emma Heuston is a lawyer, founder and director of virtual law firm The Remote Expert and author of the best-selling book about remote work, The Tracksuit Economy.

    Venue:
    Recorded in December, 2020

    This Commercial Law Forum covers:

    • A few definitions — what is remote work and what are the different types (eg, all remote, all in office or hybrid (ie, some remote and some in office).

    • Focus on why hybrid arrangements are challenging, but how it looks like it will be something we are all juggling in 2021 and beyond.

    • How to manage hybrid arrangements in terms of technology, workplace culture, supervision of team members and team engagement.

    • Moving outside the internal team structure to online business tips — how do you manage an online client experience well?

Plan your 2021: remote work and online business tips

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

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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

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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

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Non Member Price: $75.00
    Topic:
    Trust busting — our new sport?

    Speaker:
    David Marks QC, Hemmants List, Brisbane

    Venue:
    Recorded at the Hemmants List Chambers, August 2020

    Family trusts have long been considered ideal to protect assets from personal creditors.
    Insolvency professionals have many tools at their disposal, such as the Alan Bond amendments to the bankruptcy laws, to recover money and assets from wealthy individuals.
    Increasingly, however, attention is turning to accessing assets of trusts.The question is whether the family has successfully sequestered wealth in an impregnable vehicle.
    A couple of cases with New Zealand origins have recently been determined in England and the Cook Islands which have had a significant impact on the sanctity of the discretionary trust.
    What are the warning signs in terms of accessing the assets held, apparently, via trust?

Trust busting — our new sport?

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Non Member Price: $75.00
     Topic:
    The new law of penalties: mapping the terrain

    Speaker:
    John Eldridge, University of Sydney

    Venue:
    Recorded at the University of Sydney, August 2020

    This seminar covers recent developments in respect of the penalty rule in Australia and England, before going on to explore two unresolved questions. The first is whether Australian law recognises two jurisdictions to relieve against penalties — one in equity and another at common law — or instead a unitary penalty doctrine. The second is the important question of how the recent developments are playing out ‘on the ground’.

The new law of penalties: mapping the terrain

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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