Podcast

    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

Member Price: 0.00
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

Member Price: 0.00
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

Member Price: 0.00
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

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
    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:
    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

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:
    Whether directors’ duties are fiduciary in nature

    Speaker:
    The Hon Justice James Stevenson, Supreme Court of NSW

    Venue:
    President’s Court, Supreme Court of NSW

Whether directors’ duties are fiduciary in nature

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Relief against forfeiture in a commercial context

    Speaker:
    The Hon Justice Paul Brereton, Supreme Court of NSW

    Venue:
    President’s Court, Supreme Court of NSW

Relief against forfeiture in a commercial context

Member Price: 0.00
Non Member Price: $75.00
    Topic:
    Gambling and the law in the 21st century

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

    Venue:
    President’s Court, Supreme Court of NSW

    For better or worse, gambling has become a significant phenomenon in our economy and society. It presents challenges for the common law and legislatures alike and has given rise to constitutional arguments in both Australia and the United States. The availability of online gaming over the internet has only increased those challenges. This lecture confronts the topic of gambling and the law in the 21st century

Gambling and the law in the 21st century

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

    Speaker:
    Robert Angyal SC, 6 St James Hall Chambers

    Venue:
    NSW State Library

    • 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.
    • The ethics of using neuroscience in mediations.

The ethical limits of advocacy at mediation

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
    Speaker:
    Her Excellency the Hon Margaret Beazley AO QC, Governor of NSW

    Topic:
    The interface of public law and corporations law in light of the findings of the Royal Commission


    This presentation formed part of the 2019 June Judges series on 21 June, 2019.

    Venue:
    NSW State Library

The interface of public law and corporations law in light of the findings of the Royal Commission

Member Price: 0.00
Non Member Price: $75.00
    Speaker:
    The Hon Justice Nye Perram, Federal Court of Australia

    Topic:
    The ordinary reasonable consumer in misleading or deceptive conducts cases
    This seminar will consider the process of identifying and assessing reasonable interpretations of representations made to the general public in misleading or deceptive conduct cases. There will be a focus on whether the High Court authority in Puxu, Campomar and ACCC v TPG  requires the Court to assess reasonable interpretation against multiple members of the target audience or a single representative member.


    This presentation formed part of the 2019 June Judges series on 28 June, 2019.

    Venue:
    NSW State Library

The ordinary reasonable consumer in misleading or deceptive conducts cases

Member Price: 0.00
Non Member Price: $75.00
© Copyright 2021 Commercial Law Association of Australia (CLA) |  Site by ICAN Solutions